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2008-08-05
CITY OF OKEECHOBEE AUGUST 512008 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION I. CALL TO ORDER - Mayor: August 5, 2008, City Council Regular Meeting; 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Pastor Larry Kilgore, Church of God; Pledge of Allegiance led by the Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Clayton Williams Council Member Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Present Bill Ledferd a Certificate of Appreciation for service on the Planning Board/Board of Adjustments and Appeals/Design and Review Board. PAGE 10F 8 Mayor Kirk called the August 5, 2008 Regular City Council Meeting to order at 6:00 p.m. In the absence of Pastor Kilgore, Pastor Huckabee of the First Baptist Church offered the invocation; The Pledge of Allegiance was led by Mayor Kirk. Deputy Clerk Eddings called the roll: Present Present Present Present Present Present Present Absent Present Absent (Lieutenant Hagan was present) Present Present Mayor Kirk presented Mr. Bill Ledferd with a Certificate of Appreciation for service on the Planning Board/Board of Adjustments and Appeals/Design and Review Board as Chairperson from January 29, 1999 to July 17, 2008. The Certificate read: "Office of the Mayor, City of Okeechobee, Florida, Extends this Expression of Appreciation to Bill Ledferd, In Recognition of his Outstanding Service to the Community the City and your Fellow Citizens have Benefitted Greatly by your Unselfish Dedication in the Performance of your Duties as Chairperson of the Planning Board/Board of Adjustment and Appeals and Design Review Board, January 29, 1999 to July 17, 2008." 141 142 AUGUST 5, 2008 - REGULAR MEETING - PAGE 2 OF 8 IV. PRESENTATIONS AND PROCLAMATIONS CONTINUED. B. Proclaim the month of August 2008 as "City of Okeechobee Fire The proclamation Honoring Fire Fighters was read in its entirety by Mayor Kirk as follows: "WHEREAS, fighting fires Fighter Appreciation Month." is one of the most hazardous professions, requiring physical strength, stamina, extensive training, courage, and self - concern for the welfare of our citizens; and WHEREAS, in addition to their daily service to communities Fire Fighters throughout the state and across the nation have joined the Muscular Dystrophy Association for the past forty-five years in the fight against neuromuscular diseases; and WHEREAS, City of Okeechobee Fire Fighters collected $17,448 throughout the community with their 2007 "Fill the Boot" campaign for MDA; and WHEREAS, the Muscular Dystrophy Association is extremely grateful to the City of Okeechobee Fire Fighters for their support and dedication; and WHEREAS, the funds collected by the City of Okeechobee Fire Fighters assist MDA in providing medical services at local clinics, summer camp, research grants, support groups, and public education seminars at no cost to local children and families; and WHEREAS, in honor of the efforts of the City of Okeechobee Fire Fighters, the Muscular Dystrophy Association is sponsoring City of Okeechobee Fire Fighter Appreciation Month; and WHEREAS, it is appropriate for all City of Okeechobee citizens to join the Muscular Dystrophy Association in this tribute to our Fire Fighters. NOW THEREFORE,1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, do hereby proclaim the month of August 2008 as "City of Okeechobee Fire FighterAppreciadon Month" and commend City of Okeechobee Fire Fighters fortheirefforts on behalf of the Muscular DystrophyAssociation." Fire Fighter Lieutenant Hodges was present to receive the proclamation. C. Proclaim the General City Election to be held Tuesday, November The General Election proclamation was read in its entirety by Mayor Kirk as follows: "NOTICE OF GENERAL CITY 4, 2008. ELECTIONS, CITY OF OKEECHOBEE, FLORIDA, NOVEMBER 4, 2008, WHEREAS, under and by virtue of the provisions of the Charter of the City of Okeechobee, and Florida State Law, it is the duty of the Mayor to proclaim and call General City Elections at the time and manner provided therein. NOW, THEREFORE,1, James E. Kirk, Mayor of the City of Okeechobee, Florida do hereby PROCLAIM AND DECLARE that a GENERAL CITY ELECTION is to be held by the duly qualified electors of the City of Okeechobee, Florida, on Tuesday, November 4, 2008, during the regular hours of voting, tow►t. from TOO a.m. to 7:00 p.m., for the purpose of electing the following officers to serve as such for four (4) years beginning January 6, 2009 and ending January 8, 2013 following such election or until their successors are elected and qualified. TWO (2) COUNCIL MEMBERS, Said election shall be held in the County polling or voting places within the Municipal precincts of the dulyqualified City electors, which precincts have been established by the Okeechobee Board of County Commissioners and Supervisor of Elections for the General Election of Okeechobee County. IN TESTIMONY AND WITNESS of the foregoing Notice of Election, I have hereunto set my hand as Mayor of the City of Okeechobee, Florida, and caused the corporate seal of said City to be affixed, and attested to by the City Clerk, this 51Hday of August, 2008." AUGUST 5, 2008 - REGULAR MEETING - PAGE 3 OF 8 143 V. MINUTES -City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the July 1, 2008 City Council Regular Meeting. VI. AGENDA - Mayor. A. Request for additions, deferrals or withdrawals of items on today's agenda. VII. NEW BUSINESS. Council Member L. Williams moved to dispense with the reading and approve the Summary of Council Action for the July 1, 2008 Regular Meeting; seconded by C. Williams. There was no discussion. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. Mayor Kirk asked whether there were any additions, deferrals or withdrawals of items on today's agenda? New Business item D was removed and item 1A was added. ITEM ADDED TO AGENDA: 1,116 Boot Drive for Muscular Dystrophy - Fire Council Member C. Williams moved to approve the Muscular Dystrophy Association (MDA) Boot Drive at the Lieutenant Hodges. intersection of Parrott Avenue and North Park Street on August on August 15 and 16, 2008 and August 22 and 23, 2008; seconded by Council Member Watford. A. 1. a) Motion to read by title only and set September 1, 2008 as a final public hearing for proposed Ordinance No. 1025, regarding Alley Closing Application No. 90, submitted by NEMEC, LLC, North to South alleyway between Lots 7 through 9 and Lot 10 of Block 164, City of Okeechobee - City Clerk (Exhibit 1). VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to read by title only, and set September 2, 2008 as a final public hearing for proposed Ordinance No.1025, regarding Alley Closing Application No. 90, submitted by NEMEC, LLC, North to South alleyway between Lots 7 through 9 and Lot 10 of Block 164, City of Okeechobee; seconded by Council Member C. Williams. b) Vote on motion to read by title only and set final public hearing date. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. 144 AuGusT 5, 2008 - REGULAR MEETING - PAGE 4 OF 8 Vil. NEW BUSINESS CONTINUED. A. 1. c) City Attorney to read proposed Ordinance No.1025. Attorney Cook read proposed Ordinance No.1025 by title only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY OR ALLEYWAY AS DESCRIBED HEREIN, WITHIN BLOCK 1% CITY OF OKEECHOBEE SUBDIVISION, AS RECORDED IN PLAT BOOK 5, PAGE5 OF THE PUBLIC RECORDS FOR OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No. Council Member C. Williams moved to approve the first reading of proposed Ordinance No.1025; seconded by Council 1025. 111 Member Watford. b) Discussion. III Mayor Kirk asked whether there were any questions or comments from the public? There were none. Alley Closing Application No. 90 was submitted by Attorney Tom Conely, on behalf of the property owner, NEMEC, LLC, to close the alley running North to South between Lots 7 to 9 and Lot 10 of Block 164, City of Okeechobee. This request is to complete sale of adjoining lots and alley to the OUA pursuant to an existing contract. None of the utility companies require any type of easement. City Engineer objects to the alley closing unless the developer offers some form of mitigation in return. The East to West alleyway is already closed and the North to South alleyway is shown to be closed on the County Official Records. After thorough research, the City Clerk's office and the County Property Appraiser has no record of the alley being closed. This process is a formality to have all records compatible. Council Member Markham noted for the record that he would be abstaining from the vote as he is a representative for the property owner. Council Member Watford asked whether a reverter clause should be implemented? Mayor Kirk replied that it would not be necessary as the alleyway is already closed on the official records. c) Vote on motion. VOTE KIRK - YEA MARKHAM - ABSTAINED* WATFORD - YEA C. WILUAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. B. Consider Temporary Street Closing, Southwest 2Id through 5" Council Member Watford moved to approve a Temporary Street Closing for Southwest 2"d through 511 Avenues Avenues, submitted by Okeechobee Chamber of Commerce for the between North and South Park Streets, submitted by Okeechobee Chamber of Commerce for the Labor Day Festiva Labor Day Festival on August 30 through September 1, 2008 - City on August 30 through September 1, 2008; seconded by Council Member L. Williams. There was no discussion. Clerk (Exhibit 2). AUGUST 5, 2008 - REGULAR MEETING - PAGE 5 OF 8 VII. NEW BUSINESS CONTINUED. B. Consider Temporary Street Closing continued. VOTE KIRK - YEA MARKMM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. C. Consider Street and Alley Closing Application No. 91, submitted by Alley Closing Application No. 91 was submitted by the First Baptist Church of Okeechobee, to close the alley running First Baptist Church - City Clerk (Exhibit 3). East to West of Block 186; a portion of Southwest 4' Street, between Southwest 5m and 6m Avenues; a portion of Southwest 5m Street, between Southwest 3'd and 4th Avenues and a portion of Southwest 41h Avenue, between Southwest 41h and 5th Streets. This request is to join properties for future construction of a sanctuary, educational buildings, offices and parking. The utility companies are requiring easements. City Engineer Bermudez objects to the alley, street and right-of-ways closing, due to the severe drainage problems, and the busyness of the streets requested. Mayor Kirk asked whether there were any questions or comments from the public? Mr. Lawrence Richie, President of the Latter Day Saints Church of Okeechobee stated he did not have a problem with the closing of the East to West alleyway in Block 186, but had a concern with the closing of Southwest 4th Avenue. Mr. Richard Smith asked what would be the consequence of the closing of Southwest 4th Street for pedestrians? Mayor Kirk answered that the street would then belong to the property owners and no throughway traffic would be allowed. Mr. Steve Dobbs, Project Engineer, explained that these streets and avenues were chosen for the impervious areas and parking for the project. Should they not be granted, the church would have to relocate. Pastor Randy Huckabee of First Baptist Church remarked that much thought and consideration has been given to the design of the new development. Many churches have had to leave the City due to expansion, and they would like to would like to remain within the same area. The consensus of Council was that they would proceed with the application and recommended that the applicant rethink the proposal to eliminate vacating Southwest 41' Street. Council Member Watford moved to accept Street and Alley Closing Application No 91, submitted by First Baptist Church and Instructed the City Attorney to draft the appropriate ordinance and present it for first reading at the August 19, 2008 meeting; seconded by Council Member Markham, VOTE KIRK - YEA MARKMM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - NAY MOTION CARRIED. 145 146 AUGUST 5, 2008 - REGULAR MEETING - PAGE 6 OF 8 VII. NEW BUSINESS CONTINUED. D. Motion to remove a Code Enforcement Member based on Chapter ITEM D WAS REMOVED FROM THE AGENDA. The Code Enforcement Board at their July 8, 2008 Meeting, moved 165.05(3)(e) F.S. requirements - City Clerk (Exhibit 4). to declare the position vacant and request City Council to fill the position. The Board was hesitant to take action on requesting the removal of Andrea Nelson from the Board. However, Attorney Cook advised that according to Florida Statute 162.05(3) there options were to postpone the matter until the next meeting, or to declare the position vacant and request City Council to fill the position. The Statute reads: "If any member fails to attend two of three successive meetings without cause and without prior approval of the chair, the enforcement board shall declare the member's office vacant, and the local governing body shall promptly fill such vacancy." E. Consider moving a Code Enforcement Board Alternate Member to Council Member Watford moved to appoint Code Enforcement Board Alternate Member Les McCreary to Regular Regular Member status - City Clerk (Exhibit 5). Member status, term beginning August 5, 2008 to April 30, 2010; seconded by Council Member L. Williams. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. F. Consider appointing an Alternate Member to the Code Enforcement Council Member C. Williams moved to appoint Osiel Torres as an Alternate Member to the Code Enforcement Board, Board - City Clerk (Exhibit 6). term beginning August 5,2008 to April 30, 2010; seconded by Council Member L. Williams. (See further action during item "G"). VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. G. Consider moving a Planning Board/Board of Adjustment and Council Member Watford moved to appoint Malissa Morgan as a Regular Member to the Planning Board/Board of Appeals/Design Review Board Alternate Member to Regular Adjustment and Appeals/Design Review Board, term beginning August 5, 2008 to April 30, 2009; seconded by Council Member status - City Clerk (Exhibit 7). Member C. Williams. There are two vacancies for alternate members on this board. Mr. Torres was present and requested to be removed from the Code Enforcement Board and be appointed to this board. AUGUST 5, 2008 - REGULAR MEETING - PAGE T OF 8 147 VII. NEW BUSINESS CONTINUED. G. Consider moving a Planning Board/Board of Adjustment and Council Member Watford moved to remove Osiel Torres as an Altemate Member from the Code Enforcement Appeals/Design Review Board Alternate Member to Regular Board and appoint him as an Altemate Member to the Planning BoardlBoard of Adjustment and Member status continued. 11 ARpgals/Design Review Board. term beginning August 5, 2008 to April 30, 2009: seconded by Council Member Markham. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to appoint Ann Marie Wolff as an Altemate Member to the Code Enforcement Board, term beginning August 5 2008 to April 30, 2010: seconded by L Williams. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. H. Motion to approve an Amended Letter of Intent from CSX Council Member Watford moved to approve an amended Letterof Intent from CSX Transportation, Inc. regarding their Transportation, Inc. regarding their donation of the Okeechobee donation of the Okeechobee train depot; seconded by Council Member Markham. train depot - City Administrator (Exhibit 8). 11 Administrator Whitehall explained that this is not the contract but a negotiation to get the process started. Council Member Watford remarked that he was able to be present when Administrator Whitehall was on the conference call with CSX and feels it was a constructive discussion, but does not believe CSX will negotiate from the conditions listed in the letter. Items four, five and six of the letter are of great concern as the limitations and restrictions set are improbable. The items noted are: (4) The railroad passenger station will be renovated and in use within nine (9) months of transfer. (5) A fence approved by CSX must be installed along CSX's operating right-of-way to prevent the public from entering near the railroad tracks. (6) If Amtrak discontinues service at this location, the City has an obligation to either relocate the building from CSX property or demolish it within ninety (90) days of discontinued service. Mr. Terry Burroughs, Treasurer of Okeechobee Main Street (OKMS), was present and stated the he was under the impression that this was suppose to be a joint effort with the City and OKMS in regards to the train depot. He was not aware that a Letter of Intent was even to be considered. and would like OKMS to have an opportunity to review the letter and be able to have an input. • AUGUST 5, 2008 - REGULAR MEETING - PAGE 8 OF 8 VII. NEW BUSINESS CONTINUED. H. Motion to approve an Amended Letter of Intent from CSX Transportation, Inc. continued. VIII. ADJOURN MEETING - Mayor. Please take notice and be advised that when a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are for the sole purpose of backup for official records of the Clerk. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk Mrs. Maureen Burroughs, President of OKMS, was also present and asked whether access to the depot was possible? Administrator Whitehall replied that CSX was still looking for the key. Mr. Burroughs stated that this Letter of Intent puts the OKMS Board of Directors at risk and would like the opportunity to review the document. Administrator Whitehall stated that time is of the essence, and there is still a possibility that CSX will demolish the train depot. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. THERE BEING NO FURTHER ITEMS ON THE AGENDA, MAYOR KIRK ADJOURNED THE MEETING AT 7:45 P.M. The next regularly scheduled meeting is August 19, 2008, following the Budget Workshop at 5:00 p.m. *Council Member Markham's Form 813 Memorandum of Voting Conflict for Municipal Public Officers was completed and filed in the Office of the City Clerk. CITY OF OKEECHOBEE - AUG US 5, 2008 -REGULAR CITY COUNCIL MEETING HANDWRITTEN MINUTES BY o I. CALL TO ORDER - Mayor: August 5, 2008 City Council Regular Meeting, p.m. II. OPENING CEREMONIES: Invocation given by Lar \'�' Church of God; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk. PRESENT ABSENT Mayor James E. Kirk Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Clayton Williams AL - Council Member Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Absent (vacation) Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. PROCLAMATIONS AND PRESENTATIONS. A. Mayor Kirk presented Bill Ledferd with a Certificate of Appreciation for service on the Planning Board/Board of Adjustments and Appeals/Design and Review Board as Chairperson from January 29, 1999 to July 17, 2008. The Certificate read: "Office of the Mayor, City of Okeechobee, Florida, Extends this Expression of Appreciation to Bill Ledford, In Recognition of his Outstanding Service to the Community the City and your Fellow Citizens have Benefitted Greatly by your Unselfish Dedication in the Performance of your Duties as Chairperson of the Planning Boar&Board ofAdjustmetitand Appeals and Design Review Boa d January Janua 29 1999 to July A; ("tz�71 B. The proclamation was read in its entirety by Mayor Kirk as follows: ' WHEREAS, fighting fires is one of the most hazardous professions, requiring physical strength, stamina, extensive training, courage, and self - concern for the welfare of our citizens; and WHEREAS, in addition to their daily service to communities Fire Fighters throughoutthe state and across the nation have joined the Muscular DystrophyAssociation forthe past forty-five years in the fight against neuromuscular diseases; and WHEREAS, City of Okeechobee Fire Fighters collected $17, 448 throughout the community with their 2007 "Fill the Boot' campaign for MDA; and WHEREAS, the Muscular Dystrophy Association is extremely grateful to the City of Okeechobee Fire Fighters for their support and dedication; and WHEREAS, the funds collected by the City of Okeechobee Fire Fighters assist MDA in providing medical services at local clinics, summer camp, research grants, support groups, and public education seminars at no cost to local children and families; and WHEREAS, in honor of the efforts of the City of Okeechobee Fire Fighters, the Muscular Dystrophy Association is sponsoring City of Okeechobee Fire Fighter Appreciation Month; and WHEREAS, it is appropriate for all City of Okeechobee citizens to join the Muscular Dystrophy Association in this tribute to our Fire Fighters. NOW THEREFORE,/, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, do hereby proclaim the month of August 2008 as "City of Okeechobee Fire FighterAppreciation Month" and commend City of Okeechobee Fire Fighters for their efforts on behalf of the Muscular Dystrophy Association. f; Page 1 of 6 ii C. The proclamation was read in its entirety by Mayor Kirk as follows: NOTICE OF GENERAL CITY ELECTIONS, CITY OFOKEECHOBEE, FLORIDA, NOVEMBER 4,2008, WHEREAS, under and by virtue of the provisions of the Charter of the City of Okeechobee, and Florida State Law, it is the duty of the Mayor to proclaim and call General City Elections at the time and manner provided therein. NOW, THEREFORE, 1, James E. Kirk, Mayor of the City of Okeechobee, Florida do hereby PROCLAIM AND DECLARE that a GENERAL CITY ELECTION is to be held by the duly qualified electors of the City of Okeechobee, Florida, on Tuesday, November 4, 2008, during the regular hours of voting, towit: from 7:00 a.m. to 7:00 p.m., for the purpose of electing the following officers to serve as such for four (4) years beginning January 6, 2009 and ending January 8, 2013 following such election or until their successors are elected and qualified. TWO (2) COUNCIL MEMBERS, Said election shall be held in the County polling or voting places within the Municipal precincts of the duly qualified City electors, which precincts have been established by the Okeechobee Board of County Commissioners and Supervisor of Elections for the General Election of Okeechobee County. IN TESTIMONYAND WITNESS of the foregoing Notice of Election, I have hereunto set my hand as Mayor of the City of Okeechobee, Florida, and caused the corporate seal of said City to be affixed, and attested to by the City Clerk, this 5'" day of August, 2008. V. MINUTES - City Clerk. A. Council Member ��_ moved to dispense with the reading and ap rove the Summary of Council Action for the July 1, 2008 Regular Meeting; seconded by VOTE YEA NAY ��Al2CCLIT •r e.T..... KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS RRIE I DENIED. VI. AGENDA - Mayor. A. equue is for the addition, deferral or withdrawal of items on today's a enda.n VI. NEW BUSINESS. A. 1. a) Council Member moved to read by title only, and set September 2, 2008 as a final public hearing for pro sed Ordinance No. 1025, regarding Alley Closing Application No. 90, submitted by NEMEC, LLC, North to South alleyway between Lots 7 through 9 and-10 through 12 of Bloc 164)m� City of Okeechobee - City Clerk (Exhibit 1); seconded by Council Member - b) Vote on motion to read by title only and set final public hearing date. VOTE YEA NAY ABSENT ARRTAitim KIRK MARKHAM WATFORD 4 C. WILLIAMS L. WILLIAMS (CARRIE I DENIED. Page 2 of 6 a�� C) City Attorney to read proposed Ordinance No. 1025, by title only as follows; "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY OR ALLEYWAY AS DESCRIBED HEREIN, WITHIN BLOCK 164, CITY OF OKEECHOBEE SUBDIVISION, AS RECORDED IN PLAT BOOK 5, PAGES OF THE PUBLIC RECORDS FOR OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member moved to approv the f st reading of proposed Ordinance No. 1025; seconded by Council Member b) Discussion. �44'k, Yy� A �1i:? d 1 C) Vote on motion. VOTE YEA KIRK � -- - P%001 runty MARKHAM WATFORD C. WILLIAMS L. WILLIAMS RRIED DENIED. B. Council Member ^moved to approve Temporary Street Closing, Southwest 2Id through 5`h Avenues, submitted b keechobee Chamber of Commerce for the Labor Day Festival on August 30�t "foug)h September 1, 2008 - City Clerk (Exhibit 2); seconded by Council Member 7 Vote on motion VOTE YEA NAY ABSENT ABSTAINED KIRK MAR KHAM WATFORD C. WILLIAMS L. WILLIAMS RRIED I ENIED. Page 3 of 6 C. Council Member moved to accept Street and Alley Closing Application No. 91, submitted by First Baptist bhurch and instructed the City Attorney to draft the appropriate ordinance and present it for first recVing at the August 19, 2008 meeting - City Clerk (Exhibit 3); seconded by Council Member v J i C! . l l ff L �—- y/u, �'.E� G� �! -:c-c� (�i ��1� � J �' � 1 � (�a� ,�-C�t' _ �, lc- C�` --k' � r•(iS , / aw ' `' ^ ! Zc Ct u ,ram iJ� Celt'-1 Lee Vote on motion. VOTE YEA NAY ABSENT ABSTAINED KIRK i% MARKHAM 1 WATFORD C. WILLIAMS L. WILLIAMS CARRIED / ENIED. Page 4 of 6 Tr_ 1 D. Council Me ber moved to remove a Code Enforcement Member based on Chapter 165. 5(3)(e) F.S. requirements - City Clerk (Exhibit 4); seconded by Council Member Vote on motion. VOTE YEA NAY Al2QCKIT A sc►Ta nv�m KIRK M1201 MINCU MARKHAM T- WATFORD C. WILLIAMS L. WILLIAMS CARRIED / DENIED. E. ACOcil Member moved to appoint Code Enforcement Board Alternate Member 1,C ' t R ular Member status -City Clerk (Exhibit5); seconded by Council Member Vote on motion. VOTE YEA V -a�����1 AIAV Anc+1-ur KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS C RRI / DENIED. Council Member 0 Z�� �� moved to appoint Alternate Member , '-` to the Code Enforcement Board -City Clerk (Exhibit 6); seconded by Council Member bu Xi._F Vote on motion. Cy"�w�IN eVOTE � ��7L�%AA �YEA NAY ABSEN (!T BSTAED KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS F. ARRIE /DENIED. . �C Page 5 of 6 f�'`� M G. Council Member moved to appo . nt Planning Board/Board of Adjustment and Appeals/Design Review B61brd Alternate Membed ice, to Regular Member status - City Clerk (Exhibit 7); seconded by Council Membe' . Vote on motion. VOTE FKIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS YEA NAY -- ABSENT ABSTAINED H. Council Member ILA moved to approve an Amended Letter of Intent from CSX Transportation, Inc. regard of , e Okpephobee train depot - City Administrator (Exhibit 8); seconded by Council Member -.111A 1/oi. k-lt ( Lcl /0 'L JU21tk- C-t ci `ram y:-t: 1�-L:[,�, -i-�. ;L�. L•... A.Y�''li. i�i. l_.G i,- / C3 ZA�u rl � LY,o�r C-� I L /i I CTI 4t, VIII. ADJOURN MEETING. p.m. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings, which record includes the testimony and evidence upon which the appeal is to be based, City Clerk media are for the sole purpose of backup for official records of the Clerk. Page 6 of 6 Yl- J)e-W-16 -fly ct qc- "'It /,' -Qkzz J4 tu� /Lj Of SLt,� - tU CITY OF OKEECHOBEE - AUG T 5, 2008 - RE ULAR CITY COUNCIL MEETING HANDWRITTEN MINUTES BY I. CALL TO ORDER- Mayor: August 5, 2008 City Council Regular Meeting, — "'P.M. II. OPENING CEREMONIES: Invocation given by Larry Kilgore, Church of God; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk. IV. PROCLAMATIONS AND PRESENTATIONS. A. Mayor Kirk presented Bill Ledferd with a Certificate of Appreciation for service on the Planning Board/Board of Adjustments and Appeals/Design and Review Board as Chairperson from January 29, 1999 to July 17, 2008. The Certificate read: "Office of the Mayor, City of Okeechobee Florida Extends this Expression of Appreciation to Bill Ledford, In Recognition of s Outstanding hi Service to the Community the City and your Fellow Citizens have Boner Greatly by your Unselfish Dedication in the Performance of your Duties as Chairperson anning Board/Board of Adjustment aand^ App Is, and Design Review Board, January 29, 1999lto July 17, 2008. " y'3(� 71� Ci�'� �1' B. The proclamation was read in its entirety by Mayor Kirk as follows: WHEREAS, fighting fires is one of the most hazardous professions, requiring physical strength, stamina, extensive training, courage, and self - concern for the welfare of our citizens; and WHEREAS, in addition to their daily service to communities Fire Fighters throughout the state and across the nation have joined the MuscularDystrophyAssociation forthe past forty-five years in the fight against neuromuscular diseases; and WHEREAS, City of Okeechobee Fire Fighters collected $17, 448 throughout the community with their 2007 "Fill the Boot" campaign for MDA; and WHEREAS, the Muscular Dystrophy Association is extremely grateful to the City of Okeechobee Fire Fighters for their support and dedication; and WHEREAS, the funds collected by the City of Okeechobee Fire Fighters is MDA in providing medical services at local clinics, summer camp, research grants, supportgroups, and public education seminars at no cost to local children and families; and WHEREAS, in honor of the efforts of the C' ty of Okeechobee Fire Fighters, the Muscular Dystrophy Association is sponsoring City of Okeechobee Fire Fighter Appreciation Month; and WHEREAS, it is appropriate for all City of Okeechobee citizens to join the Muscular Dystrophy Association in this tribute to our Fire Fighters. NOW THEREFORE, 1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, do hereby proclaim the month of August 2008 as "City of Okeechobee Fire FighterAppreciation Month" commend City of Okeechobee Fire Fighters for their efforts on behalf of the Muscular Dystrophy Association. Page 1 of 6 C. The proclamation was read in its entirety by Mayor Kirk as follows: NOTICE OF GENERAL CITY ELECTIONS, CITYOFOKEECHOBEE, FLORIDA,virtue NOVEMBER4, 2008, WHEREAS, under and by ue of the provisions of the Charter of the City of Okeechobee, and Florida State Law, it is the duty of the Mayor to proclaim and call General City Elections at the time and manner provided therein. NOW, THEREFORE, 1, James E. Kirk, Mayor of the City of Okeechobee, Florida do hereby PROCLAIM AND DECLARE that a GENERAL CITY ELECTION is to be held by the duly qualified electors of the City of Okeechobee, Florida, on Tuesday, November 4, 2008, during the regular hours of voting, towit.- from 7.•00 a. M. to TOO P. m., for the purpose of electing the following officers to serve as such for four (4) years beginning January 6, 2009 and ending January 8, 2013 following such election or until their successors are elected and qualified.- TWO (2) COUNCIL MEMBERS, Said election shall be held in the County polling or voting places within the Municipal precincts of the duly qualified City electors, which precincts have been established by the Okeechobee Board of County - Commissioners and Supervisor of Elections for the General Election of Okeechobee County, IN TESTIMONYAND WITNESS of the foregoing Notice of Election, I have hereunto set my hand as Mayor of the City of Okeechobee, Florida, and caused the corporate seal of said City to be affixed, and attested to by the City Clerk, this 5'" day of August, 2008. V. MINUTES - City Clerk A. Council Member moved to dispense with the readin a d approve the Summa of Council ActiontfOrUJU`lyl,2 008 Regular Meeting; seconded by ry VOTE YEA NAY ABSENT ABSTAINED KIRK MARKHAM ,/ WATFORD C. WILLIAMS L. WILLIAMS 'AUENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VI. NEW BUSINESS✓ICE (�G`e LA", A.1. a) Council Member -l. r moved to read by title only, and set September 2, 2008 as a final public hearing for proposed Ordinance No. 1025, regarding Alley Closing Application No. 90, submitted by NEMEC, LLC, North to South alleyway between Lots 7 through 9 and 10 through 12 of 1310 164, City of Okeechobee - City Clerk (Exhibit 1); seconded by Council Member n. b) Vote on motion to read by title only and set final public hearing date. VOTE YEA NAY ABSENT KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS CARRIED, DENIED. ABSTAINED Page 2 of 6 vL//- vL/`/ . / /- k2 6-e C�,P)0-0-ed- � ° v , / ' � .. 0 City Attorney to read proposed Ordinance No. 1025, by title only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY OR ALLEYWAY A HEREIN, WIT PAHIN BLOCK 164, CITY OF OKEECHOBEE SUBDIVISION, AS RECORDED IN PLAT BOOK 5, GE5 OF THE PUBLIC RECORDS FOR OKEECHOBEE FLORIDA; AND COUNTY, DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE /N THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORI PROVIDING FOR AN EFFECTIVE DATE. DA, 2. a) Council Member ° �Ul� moved to approve the first reading 1025; seconded by Cou . it Member 9 of proposed Ordinance No. b) Discussion. ct✓ha� UC) rl - Cons, dc—c oos r4-X!�, J C) Vote on motion. VOTE YEA NAY KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS CARRIE� /)DENwn ABSENT ABSTAINED B. Council Member 5`h moved to approve Temporary Street Closing, Southwest 2nd Avenues, submitted by Okeechobee Chamber of Commerce for through August 30 through September 1, 2008 - City Clerk (Exhibit 2); seconded by Coulncilesvalo Member Vote on motion. VOTE YEA NAY KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS CARRIED I DENIED. ABSENT ABSTAINED Page 3 of 6 C. Council Member LQ1L moved to accept Street and Alley Closing Application No. 91, submitted by First I Baptist Church and instructed the City Attorney to draft the appropriate ordinance and present it for firs di �' r� �r �al the �Aqus,, (� , Ira �ing!t the August 19, 2008 meeting - City Clerk (Exhibit 3); seconded by Council Member wacc, Lk i) C''i - UiC LU.-J clt L�t7c�Lf J-- cj-) 40 LLA' C� L ac- rc-- CC 1:"-Cry) I C-1-Ci tor 0'.�� !)U� nL� �► � c+,A C (us, C\ hcj CS1 C"c CL- L UKSA__Q 3 ID C bye ? �� cry1cy-ds 01 '*K-k--- OU-SbS rs 1cl C i Vote on motion, VOTE YEA NAY KIRK / [_!ARKHAM WATFORD C. WILLIAMS L . WILLIAMSWL / DENIED. ABSENT ABSTAINED Page 4 of 6 ru—s u-j Lki b LEA at f�t'i Cal L) c) S C CQ rTt C- I OR c in Z�,tb Owe Wa Jlf" ell, c i hcL o-( r-c %J 3 a t cl no �+hccj -ea-bl(c l_� JS�lcc OP PL(b)iC U-n h UL"4-- \4t u-) CO-L au D. Council Member`, moved to remove a Code Enforcement Member based on Chapter 165.05(3)(' F.S. requirements - City Clerk (Exhibit 4); seconded by Council Member Vote on motion. VOTE YEA NAY ABSENT ABSTAINED CARRIED / DENIED. E. C uncilMeer moved to appoint Code Enforcement Board Alternate Member_ C ( rca o Regular Member status -City Clerk (Exhibit 5); seconded by Council Member Vote on motion VOTE YEA NAY ABSENT KIRK ABSTAINED MARKHAM WATFORD C. WILLIAMS L. WILLIAMS T , t CARRIED " DENIED. Council Membe�c�_it'v moved to appoint Alternate Member nCode Enforcement Bok (Exhibit 6); seconded by Council Membe ' = to the :. I r'IL - SUVil LLU/, a Vote on motion. VOTE R CARRIED DENIED. 'ti ,j NAY ABSENT ABSTAINED -ro d- Page 5 of 6 G. Council Member moved to appoint Planning Board/Board of Adjustment Appeals/Design Review Board Alternate Member and status - City Clerk (Exhibit 7); seconded by CouncilMember to Regular Member C 4n i Vote Vote on motion. VOTE H. Council Member WX&-ord moved to approve an Amended Letter of Intent from CSX Transportation, Inc. regarding their donation of the Okeechobee train depot - City Administrator (Exhibit 8); seconded by Council Member I 16.1 Y) ou 1�6 C/ Y11 OJ 01�A Y/ U� P-D k- lo-n &S k C Lj-) 'S S, -rLe Ut r -'r-1 a� L f�o J C� ov'n No - MC co/ C Vill. (%DJOURN MEETING. --a •, P.M. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need t S record of the proceedings, which record includes the testimony a o ensure a verbatim sole purpose of backup for official records of the Clerk. and evidence upon which the appeal is to be based. City Clerk media are for the Page 6 of 6 City of Okeechobee SS SE 3rd Av Okeechobee FL 34974-2932 Office of the City Administrator Brian Whitehall Ph 863-763-3372 Fax 763-1686 email. hwhitehallacityofokeechohee com *Memorandum ��T8T6ti� Date: Aug 5, 2008 TO: Mayor & City Council FR: City Administrator RE: Agenda items Please consider the following: • Strike Item D. The Code Enf Board has already created the vacancy and there is no need for the City Council to redundantly address the Board member removal matter ... this confirmed w/ Atty Cook. • Add Item I.. To consider allowing the Fire Dept to conduct the annual MDA boot drive at the 441 no intersect'n on 8/15-16 & 22-23/2008. MEMORANDUM To: Mayor Kirk From: Administrator Whitehall Subject: MDA Annual Boot Drive Date: August 5, 2008 We received a phone call from Lt. Hodges, Fire Department, requesting to be added to tonight's agenda regarding the annual firefighters' boot drive, which will be held August 15 - 16, 2008 and August 22 - 23, 2008. Lt. Hodges will be present at tonight's meeting to make the request. If you have any questions, please let me know. Thank you. rage i of i robin brock From: "Nancy J. Norton" <nnorton@mdausa.org> To: <rbrock@cityofokeechobee.com> Sent: Tuesday, August 05, 2008 3:05 PM Attach: 2008 Boot Press Release Long Version.doc; 2008 Okeechobee Press Conference.doc Subject: Press Conference for Fire Fighter Fill the Boot Robin: Thank you so much for your help today. I spoke to Mayor Kirk and due to a prior family commitment, he will be unable to attend. However, he referred me to Mayor Pro Tem Watford who has graciously consented to attend the press conference. I have attached some information regarding the press conference along with additional information about the Fill - the -Boot which I'm sure he will find helpful. Of course, all of the City Council members are invited to attend. If possible, we would like for Mr. Watford to read the proclamation that is being presented this evening proclaiming August 2008 as Fire Fighter Appreciation Month and speak about the City's support of the fire fighters and their work on behalf of MDA. We invite both he and Chairman Betts to be the first to drop a dollar in the boot that morning to kick off the campaign. Please let me know if you have any questions or need further information. Thanks again and have a wonderful day! Nancy J. Norton, District Director Muscular Dystrophy Association 7410 South US Highway 1, Ste. 303 Port St. Lucie, Florida. 34952 772.873.9422 Fax: 772.873.9423 nnorton@rndausa ora Watch the Jerry Lewis Labor Day Telethon on The CW West palm on Cable 34 from Sunday, August 30th at 9AM until Monday, September Vt at 6:30PM! Helping Families Fight Back MDA is the nation's leading voluntary health agency sponsoring ALS research and life -enhancing services for those affected by this disorder. Amyotrophic lateral sclerosis (Lou Gehrig's disease) has been included among the diseases in MDA's program since the 1950's. NOTICE OF CONFIDENTIALITY: The information contained in this message is confidential and may constitute inside or non-public information under international, federal or state laws and is intended only for the use of the addressee(s). Unauthorized forwarding, copying, printing, distributing or using such information is strictly prohibited and may be unlawful. If you are not the addressee, please promptly delete this message and notify the sender of the delivery error by E- mail.— 8/5/2008 TAWR Helping Jerry"s bids For Immediate Release: Contact Info: Nancy J. Norton District Director Muscular Dystrophy Association (772)873-9422 office PRESS CONFERENCE Who: Okeechobee Fire Fighters, Local 2918 & the Muscular Dystrophy Association What: Proclamation and announcement of Fill -the -Boot efforts for MDA When: Wednesday, August 13, 2008 10:00 a.m. Where: Okeechobee County Fire Station 1 located at 501 NW 6 Street Photo Op: Mayor Pro Tern Dowling Watford and BOCC Chairman Cliff Betts will be in attendance along with City and County Fire Fighters and MDA member Lacie Garcia. Extra: In 2007 the citizens of Okeechobee helped fire fighters raise $17,448 for MDA through Fill -the -Boot; 2008 marks the 54th year of the partnership between the fire fighters and MDA **********Your presence is requested at 10:00 a.m. Timm Helping Jerry's Kids MEDIA ADVISORY For Immediate Release August 5, 2008 For more information, contact: Nancy J. Norton District Director, Muscular Dystrophy Association (772)873-9422 nnorton@mdausa.org Okeechobee Fire Fighters Prepare To Carry On Tradition Benefiting the Muscular Dystrophy Association Okeechobee, FL — The Muscular Dystrophy Association (MDA), in conjunction with Okeechobee Fire Fighters IAFF Local 2918, representing the City of Okeechobee and Okeechobee County, will be conducting its annual Fill -the -Boot event on August 15, 16, 22, and 23 benefiting research and local services for the Treasure Coast chapter of the Muscular Dystrophy Association. Last year, fire fighters raised $17,448 for MDA and hope to exceed that total in this year's collections. Last year, Florida fire fighters raised over $2.5 million of the total $23 million raised nationwide. Karl Holtkamp, President of IAFF Local 2918 and MDA Coordinator stated, "Okeechobee fire fighters are proud to continue their volunteer efforts for MDA. It's important to note that all money raised during Fill -the -Boot is used to provide services for MDA members here in our own community. These contributions send area children to MDA summer camp in Brandon, Florida, and help provide wheelchairs, leg braces, communication devices, clinic visits and so much more to local families affected by neuromuscular diseases. Thanks to the citizens of Okeechobee for their continued support and generosity with Fill -the -Boot." Fill -the -Boot is a 50-year tradition that began as the brainchild of two fire fighters in 1954. So they grabbed their boots and headed out into the community with the hope that people would fill those boots with money. Since that humble beginning, fire fighters' boots across the country have overflowed with coins and cash totaling $140 million! MDA is a voluntary health agency that works in each local community to combat neuromuscular diseases through basic and applied scientific investigation, local comprehensive programs of medical services and clinical care, such as those offered at Jupiter Medical Center, and widespread professional and public health education. MDA seeks no government or United Way funding or fees from those it serves. The Association's programs are funded almost entirely by individual, private contributions. Fire fighter representatives from across the country will present the proceeds from their nationwide collection on Labor Day during the Annual Jerry Lewis MDA Labor Day Telethon broadcast locally on the CW on September 1st, 2008 For more information on the Treasure Coast Chapter of the Muscular Dystrophy Association, please call (772)873-9422, send an e-mail to nnorton@mdausa.org, or visit www.mda.orq. Q" Office of the Mayor d� f -khting fires is one of the most hazardous professions, requiring physical strength, stamina., exte x e; and self -concern for the welfare of our citizens; and. .in, addition to their daily service to communities Fire Fighters throughout the state and across the na£r_ the Muscular Dystrophy Association for the past forty-five years in the fight against neuromuscular dise' pity of Okeechobee Fire Fighters collected $ I7,448 throughout the community with their 2007 "Fill j paig for.MDA; and f the Muscular Dystrophy Association is extremely grateful to the City of Okeechobee Fire Fighters for. their 91 and dedication; and JVI]jRREAS, the fiitids collected by the City of Okeechobee Fire Fighters assist MDA in providing medical services at local,�� clu_ics,.s imxr, 4camp;:research grants, support groups, and public education seminars at no cost `to local :children mid`'` Families; and JVEf �ER,in hopor of the efforts of the City of Okeechobee Fire Fighters, the Muscular Dystrophy Association �s spor►aorrig City of Qkeechobee Fire Fighter Appreciation Month; and Y?:� RYAS tis appropriate for all City of Okeechobee citizens to join the Muscular Dystrophy Associatioiiirt this txibue':to p fire:Fighters. r � 3W TT A 3 I .James E'. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee;=dti heret�y 1 r�claiii"the month of August 2008 as "City of Okeechobee Fire Fighter Appreciation Month »aid eoi;itiiec Ot'. " ,OkeechobeeFire"Fighters for their efforts on behalf of the Muscular Dystrophy Association., f r �z �_ ., + Fe In witness, whereofl have; heretmtoe2 w , d and caused t11rs seal toe a� . f Attest Mehra �ddti , Des1r y- ice of the Mayor VF GENERAL CITY' ELE'. OF -.AL, OKEECHOBEE,'FLOR' NOVEMBER4 2008 -"!'? �f7, #,derand by virtue of the provisions of the Charter of the City of Okeechobei, and the duty of the Mayor to proclaim and call General City Ele 7- Q _vctions;atthej Mahn# p vided-therein. W THEREFORE, WO j L-.1ames E. Kirk,Mayor of the City Ok eechobee, _p of Okeechobe Florida e hii P 10 CZ M "AND DECLARE that a GENERAL CITY ELECTION is b y,4 ' eleaCors of the City of Okeechobee, Florida, on Tuesday, November 4, 3008, du rqgU - of'voling, towit: from 7. 00 am. to 7.00 p.m., for the purpose f exec to serve as such for four (4) years beginning January'- 6 a 14WWy..8,- 2013 following such election or until their successors are elected and-, TWO (2) COUNCIL MEMBERS Satil;electwn shall be held in the County polling or voting places within -them' ...... u qualified City electors, 0which precincts have been established b' -le eY. th , ic stablishd Z60 !, f U0 Commissioners and Supervisor of Elections for the en x u "ZZ i'eeEobee County. i1T'TEETIMONYAND WITNESS of the foregoing Notice of Election, I have hereunto het my. 1Vroyor of -the City of Okeechobee, Florida, and caused the corporate seal of ed and attested to by the CZty Clerk this 5TH day of August 2008. J Jamei' ai -.4 77. Uf Ce of tore .Mcuy4ft .71t R"AgttUj4o t of &6 Uut6Wndir # Semite to tyre Canufucrutcp J fie eit* and go= ge&w G'i twm Ruaue 29emelVed Qwa4 64V g4m Umegmk Dedwatiaa itt dw Yetlown rcfue of yam Dutie6 ae ehavac J euan of tie Y&mning J304a4d/J3aa%d of ad ft m t wd and CLp p eab and Deb ig n 3 Xomd januaW 29, 1999 to 17, 2UU8 gftw,a an MefiaU 4 de Of* Owna Mid Sr dace of Migtcnt, 2aaS ®.I UlAw.b6 udO 447 Timm R'eJlel nta bet m* carwed tfU6 deaf la Be jamw & Xp&, Afacg" atwL a Wwr,1OeP AUG 5TN - la READ — EXHIBIT NO. l SEAT 2Nv - FINAL — EXHIBIT NO. ORDINANCE NO. 1025 AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY OR ALLEYWAY AS DESCRIBED HEREIN, WITHIN BLOCK 164, CITY OF OKEECHOBEE SUBDIVISION, AS RECORDED IN PLAT BOOK 5, PAGE5 OF THE PUBLIC RECORDS FOR OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an Alley Closing Application (No. 90) from Tom Conely, on behalf of the property owner(s), NEMEC, LLC, for the closing of a certain alleyway as described in this ordinance; and WHEREAS, a review of such application reveals that it is in the best interest of the citizens of the City of Okeechobee as a whole to grant said application; and WHEREAS, the granting of the application will serve a legitimate public interest and is a proper exercise of the municipal authority of the City of Okeechobee as a discretionary function; NOW, THEREFORE, BE IT ORDAINED by the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: Section One. The alleyway described hereafter is hereby closed, vacated and abandoned by the City of Okeechobee, Florida to -wit: The alleyway running North to South located between the East boundary line of Lots 7, 8, 9 and the West boundary line of Lot 10, within Block 164, City of Okeechobee Subdivision, according to the plat thereof as recorded in Plat Book 5, Page 5, of the public records for Okeechobee County, Florida. Section Two. The City Clerk shall cause a certified copy of the ordinance to be recorded in the public records of Okeechobee County, Florida. Section Three. This ordinance shall be set for final public hearing the 2"d day of September. 2008, and shall take effect immediately upon its adoption. INTRODUCED for first reading and set for final public hearing this 5' day of August, 2008. ATTEST: Lane Gamiotea, CMC, City Clerk James E. Kirk, Mayor PASSED and ADOPTED on second and final public hearing this 2"d day of September, 2008. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney nrdinannP Nn 1 n9s - Pane 1 of 1 JULY 1ff AGENVA - EMBIT H0. 2- MEMORANDUM To: Mayor and Council Members From: Lane Gamiotea, City Clerk, CMC' Subject: Alley Closing No. 90 Date: June 18, 2008 Attached is a completed alley closing application submitted by Attorney Tom Conely, on behalf of NEMEC, LLC, to close the alley running North to South between Lots 7-9 and 10- 12 of Block 164, City of Okeechobee. The alleyway running East to West is already closed. This request is to complete sale of adjoining lots and alley to the OUA pursuant to an existing contract. None of the Utility companies require any type of easement. City Engineer Bermudez objects to the alley closing unless the developer offers some form of mitigation in return. The decision before the Council would be to either deny the application, or instruct the City Attorney to draft the appropriate ordinance closing the alley and present it for first reading at the August 5, 2008 meeting. Should you have any questions please do not hesitate to contact me. Thank you. CITY OF OKEECHOBEE STREET OR ALLEY CLOSING APPLICATION (Note: if property is in two names by the word "and" both signatures are required, le: Jim and Jane Doe) SIGNATURE OF APPLICANT: SIGNATURE OF CO -APPLICANT: NSEst , �t.�.. By': A-r,Ae, EV oregoing strument was acknowledged before me this AAR.iL. 29 f Ioog by . (date) �"A W . &,J6'-y 151- A1-f9kA3WrvP-ME$fEr— who is personaliy known to me or (applicant) (co -applicant) who produced as identification and who did (did not) take oath. Notary Public, Commission No. Dp '14 / b9S (signatur BEfIYJEAN LAMER (Name of Notary .typed, printed or stamped) EXires March 8, 2012 emeaiw ngrr�b..meoossmro 444 Bunker Road Suite 207 West Palm Beach, FL 33405 Phone Number..561-686-1000 Fax Number:561-686-1637 Cell:561-27143534 April 23, 2008 Tom Connley III, Esquire P.O. Drawer 1367 Okeechobee, FL 34973 RE: Vacate Alleyway in Okeechobee FI, Blk. 164, PCN# 315-37-35-0010-01640-0040A To Whom It May Concern, This is to confirm that Tom Connley III, Esq. of Okeechobee Florida is hereby authorized to issue and execute any and all documents required to vacate the Alley in Blk 164, PCN# 3-15-37-35-0010-01640-0040A, City of Okeechobee, on behalf of Nemec LLC, the owner of adjoining lands. 'OK-16 :.---0239 THIS INSTRU;IENT PREPARED B';: Tarn[ S. Cocurne )z, wriaunt Sharo, %.!;:-moA CW4 PROPERTY 15- Y.' 1°. = Okm -C. TRUSTEE'S DEED Dal: This Indenture, Made this )/ Jpy of Between JAMES NEXRZ. as Trustee of James Nemec Re-locable Trust, as Amended (a/k/a the James Nemec Trust U/A/D 4/20187. as Amended), whose post office address is 2001 Palin. Beach Lakes Blvd., Suite 400, West Palm Beach, Florida 33;09, of the County of Palm Beach, State of Florida, Grantor-, with full power and authority either to protect, conserve, and to sell, or to lease, or to encumber or otherwise to manage and dispose of the hereinafter described real property, and NX143C. LLC, a Florida limited liability company, whose post office address is 2001 Palm Beach Lakes Blvd., Suite 400, West Palm Beach, Florida, 33409, of the Countv of Palm Beach, State of Florida, Grantee-, W I T N E S S B T H: That said Grantor, for and in consideration of the sum of Ten Dollars ($10.00), and other good and valuable considerations to said Grantor in hand paid by said Grantee, the receipt 'whereof is hereby acknowledged, does hereby grant, bargain, sell, alien, remise, release, convey and confirm to the said Grantee, and Grantee's heirs and assigns forever, the following described This transaction is exempt from documentary stamp tax pursuant to &urqLn_%�1L_SkAtt of F1 r!Qk Pi,parlmsoLpI.Reveptle, 713 So. 2d 1021 (Fla. 26 DCA 19ps). as this conveyance does not transfer the beneficial ownership of the within described property and 15 not pursuant to a sale for taxable consideration. Pie � :'0240 land, Situate, lying and lipinq in Okeechob?e Cc-unty, 2l0zida, to -wit: Lots 7, S, 9. 10, 19. and 20, Block 200, f0%V-N or 0"EC•110BEF., according to the Plat thereof recorded in Plat !took 2. Page 17, Public Records of St. Lucie Count, Florida. a cup) of said Plat being also recorded in Plat Book I. Page 10. Public Records or Okeechobee County. Flurids. TRACT 11. Lots J to 12 inclusive, Block 164. 0KEE(-H0BEE, and that certain alleyxay located beln ten Sesuinole Street and Okeechobee Aveuue. LESS land in official Record Book 246. Page 1244, according to the Plat thereofrecorded in Plat Book 5 , Page -1, of the Public Records of Okeechobee eotmn•. Florida_ slYBJSCT TO restrictions, reservations, conditions, dedications, limitations and easements of record, and taxes for the current year and all subsequent years_ TOGETHER with all and singular the tenements, hereditaments, and appurtenances belonging to or in any way appertaining to that real property, subject to all restrictions, reservations, conditions and easements of record, if any, and ad valorem taxes for the current year and all subsequent years. TO HAVE AND TO HOLD the same to the Grantees, and Grantee's heirs and assigns, in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the ` grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all 2 ':0476 :024I encumbrances, except taxes accruing subsequent to December 31, 2001. In Witness Whereof, Grantor has hereunto set Grantc:'s hand and seal the day and year first above written. Signed, sealed and delivered in ouc-;pres Tint Name--rjd,g.1r6• ! _122 DAMES N IEC, as Trustee of the James mec Trust, as Amended (a/k/a the James Nemec Truest U/A/D 4/20/87, as Amended) tint Name In ?r STATEOFFLORIDA COUNTY OF PALM BEACH The foregoing -instrument was acknowledged before me this _L day of �r 'I , 2002, by JAMES NEMEC, as Trustee of the James Nemec Revocable Trust, as Amended (a/k/a the James Nemec Trust U/A/D 4/20/87, as Amended). He is personally known to me r who has produced a driver's license as identification. (NOTARY SEAL) Tuy Notary-Publi Print Name_ My commigsion expires_ N:\T1tt1\12622-1\SLT\ts 9— deed ak— end post.doc ' 1- .il,l.: 3 .•: 'R .1k./15it�:�. _..:b:i2i 36976Q ,, C;.E6R Of CYr'C1:fi CGU;z 3 THIS INSTRUMENT PREPARED BY: Larry B. AlexandeG Jr., Esq. Jones, Foster. Johnston & Stubbs, PA P.O. Box 3475 West Palm Beach. FL 33402-3475 PROPERTY CONTROL NO.: 3-15-37-35-0010-01640-004A WARRANTY DEED II1IIiq��I�III�IIIM�llllll�llil�{IVIl91{II{ id2286 O3 SK {lOS4S PG 1882 SHARON'ROBERTSDNr CLERK OF CIRCUIT COURT DKEECHDB. COUNTY. FL RECORDED 02/18/2008 12,13.26 PH RECORDING FEES.27.00 DEED DOC 0.70 RECORDED BY R Parrish Pss 1282 - 188.4r t3::0 ,! 2002, Between Dennis R. This Indenture, Made this day of --� Mulbergar, a Ma1?R, man, whose post office address is 3665 Darby Road, New Smyrna Beach, FL 32168, and David Berndt, a t& r i e man, whose post office address is 401 N.W.127th Avenue, #8, Plantation, FL 33325, collectively, grantor', and NEMEC, LLC, a Florida limited liability Company, Whose post office address is 44.4 Bunker Road, Suite 207, West Palm Beach, Florida 33405, grantee', Witnesseth, That said grantor, for and in consideration of the sum of Ten Dollars ($10.00), and other good and valuable considerations to sold grantor in hand paid by said grantee. the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Okeechobee County, Florida, to -wit That certain alleyway located in Block 164 lying between Seminole Street and Okeechobee Avenue, and that certain alleyway running North and South from Seventh Street to intersect the first a� describedrded In alleyway, 2 as shown on the Plat of -Okeechobee, (formerly Page 17, Public Records of St. Lucie County, Florida) according to the Plat thereof as recorded in Plat Book 5, Page 5, of the Public Records of Okeechobee County, Florida SUBJECT TO restrictions, reservations, conditions, dedications, limitations and easements of record, and taxes for the current year and all subsequent years. Book648/Page1882 CFN#2008002286 Page 1 of 3 Pye 7 Grantors warrants that at the time of this conveyance, the subject property Is not the Grantors' homestead within the meaning set forth in the constitution of the state of Florida, nor Is it contiguous to or a part of homestead property. Dennis R. Muibergers residence and homestead address is 3885 Darby Road, New Smyrna Beach, FL 32168; and David Bemdt's residence and homestead address is 401 N.W. 127th Avenue, #8, Plantation, FL 33325. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining; TO HAVE AND TO HOLD, the same in fee simple forever, AND said grantor does hereby fully warrant the tilde to said kind, and will defend the same against the lawful claims of all persons whomsoever. In VVHnm s Whereof, Grantor has hereunto set grantors hand and seal the day - and year first above written. Signed, sealed and delivered DENNIS R. MULBERG STATE OF V )IOr d # COUNTY OF U — The foreg ' g instrument Was acknowledged before me this day of 1'UAn% . 200by Dennis R. Muiberger, who Is personally known to me or who has/ha produced a drivers license as identification. (NOTARY SEAL) , Notary Public anTMA+ Print Name: EIitJ�fil.�ji MYIDD40311 My commission expires: od&a12��a,��aoo� �„,,,AN,,,„„,�..�.. Book648/Pagel883 CFN#2008002286 Page 2 of 3 Pie g Print Name / 1 %'%�:�r STATE OF COUNTY OF The instrument was acknowledged before me this day Of & 200 by David Bemdk who is personally (mown to me or who hasJUNe produced a driver's license as idea fcation. (NQTARY SEAL) - Notary Public Print Nerm st Breda. My commission expires: ( 09 ob+d7O Wma i�vas>s.noc Book648/Pagel884 CFN#2008002286 Page 3 of 3 PARK STREET OFFICE SUITES, LLC 917 SOUTHWEST PARK STREET OKEECHOBEE, FLORIDA 34974 June 11, 2008 TO WHOM IT MAY CONCERN Re: North/South alley in Block 164, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida, adjacent to the East line of Lots 7, 8 and 9 and the West line of Lot 10. Be advised that Park Street Office Suites, LLC, the owner of Lots 1, 2 and 3, Block 164, OKEECHOBEE, has no objection to the vacating of the above described alley by the City Council of the City of Okeechobee, Florida. Respectfully, Park Suites, LLC G By: Daniel . nfinger Manager/Member prepared by and return to: Elizabeth Alexander Maxwell Attorney at Law The Law Firm of Maxwell & Maxwell, P.A. 405 NW Third Street Okeechobee, FL 34972 863-763-1119 File Number: Enfinger Will Call No.: Above This Line For Recording Quit Claim Deed InlallliiimII immiiiimimiilillill FILE NUM 2007000757 OR BK 00621 PG OZ45 SHAWN ROBERTSONr CLERK OF CIRCUIT COURT OKEECHOBEE COUHTYr FL RECORDED 01/16/2007 0052:07 Ph RECORDING FEES 19.50 DEED DOC 0.70 RECORDED BY R Parrish Pss 0345 - 3461 (toss) This Quit Claim Deed made this IV'A day of January , 2007 between Daniel M. Enfinger and Cindy L. Enfinger, husband and wife whose post office address is 917 SW_Park Street' Okeechobee, FL 34972, grantor, and Park Street Office Suites, LLC whose post office address is 1535 SW 67th Drive, Okeechobee, FL 34974, grantee: (Whenever used herein the terms 'grantor' and 'grantee' include all the parties to this instrument and the heirs, 190 representadves, and assigns of individuals, and the successors and assigns of eorporanons, trusts and trustees) d other good Witnesseth, that said grantor, for and in consideration of the sum TEN AND N Oil00 DOLLARS ( is by .00) anw edged, does and valuable consideration to said grantor in hand paid by said grantee, heirs and assigns forever, all the right, title, interest, hereby remise, release, and quitclaim to the said grantee, and gran claim and demand which grantor has in and to the following described land, situate, lying and being in Okeechobee County, Florida to -wit: Lots 1, 2 and 3, Block 164, OKEECHOBEE, according to the Plat thereof, recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. Parcel Identification Number: 3-15-37-35-0010-01640-0010 To Have and to Hold, the same together with all and singular the appurtenances thereto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of grantors, either in law or equity, for the use, benefit and profit of the said grantee forever. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day andyear first above written. T,gS INSTRUMENT ASPREPARED THE FROM.S. INFORMATION RMIDED of TITLE a NOT GUARANTEED 14ORl(=RArT NOR ACCURACr OF THE DESCRIPTION AS TITLE WAS NOT VAMINED- DoublaTlme® Book621/Page345 CFN#2007000757 Page 1 of 2 Signed, sealed and delivered in our presence: Name`t E1Neii— Witness Name: P*TRMA.PMM s Name) Witness Name: PAMIAMRM State of Florida County of Okeechobee \ ea aniel Ms Eyf g� (S Cam dy L. ger The foregoing instrument was acknowledged before me this j�&ay of �n� � by Daniel NL Enfinger and Cindy L. Enfmger, who [ j are personally known or PQ have produced a driver's lice se as identificati n. [Notary Seal] 4o!: '".& EU wm'k WXWRL N he EXPM'M&M2D,2010 Printed Name: Elizabeth Maxwell 3�Rdo k"rrat>,aptbbeSV" My Commission Expires: Quit Claim Deed - Page 2 DoubleTim" Book621/Page346 CFN#2007000757 Page 2 of 2 �4 9 eooK 316 PACE 503 ` i�,_E 77 _F L _c?t�ln, noc('Ll,T.n ). U 7. J t i 1 .r• - rY This InNrumenl w prepared by - '- artcee GOLDURRO & YOUNO. P. A. l%7 ti.'esen t "OEM MdMr•) ' .T lr,_ s) Jliisi- F°Mr' LAnnroLTNwD"LRs Warranty (STAiUIOAY , uPsl•,�seXasIDw nano) FOAM-SERIOtl 689.02 F.S.) I 11h{D })Itartttur[, ( Mode This day of August 19 90. $rtturrn FIDELCOR BUSINESS CREDIT CORPORATION, a New York corporation qualified to do business in the State of Florida, state al New York 9-Mare. and of the caety of New York DANIEL M. ENFINGER and CINDY L. ENFINGER, his wife, T.I.N. 0262-47-4176 and 265-71-0676 whosi post office add,.. is 1535 South West 67th Drive, Okeechobee, al the coann of Okeechobee Sint. of Florida • qr°""`e• ]OttTirBHrth. That said gron,or. I., and in considerolion of the -.-I TEN AND NO/100TH5------------'-'---- and other good and valaable co icluolie la said grantor iri hood paid by said qro^tee, the receipt whereat is hereby ocd the' 9 has grunted. bargained and said to the said grantee, and groMses heirs and ouigns forever, the I'll" described land• situole, lying and being in Okeechobee County. Florida, to•w(l: Lots 1, 2 and 3, Block 164, OKEECHOBEE, according to ook 5, ofetheaPubliceRecordsoe d in plat ofOkeechobeeBPage County, Florida. SUBJECT TO: Restrictions► reservations, limitations, conditions and easements of record, if any. 1. 2. Taxes for the year 1990 and subsequent years. i V r"rD,D FILED r =1'O D ey i 90 S .. n.ALA, I . I•t• _ .. tq . 221652 GLD;::,,;.; -:1.,1,i;lRT i'3-15-37.-35-0010-01640-0010' CLERK GF l"., i Parcel doims of all the fill, to said lord, and will defend the some against the Is and said prontor don herebywtul ' luny worront -j persons whom,oever. arc used for - ' "Grantor" and "gmMee" singular, or plorol• as coMeal reguiris. r ! Grantor has hereunto set �itneee $iherenf. Frst abwritten. 9roMors hand and seal the day Dnd year ove �n ' Sin soled and delivered to our pm,encc: BUSINESS CREDIT CORPORATION, �SeaU �s FIDELCOR ew or corpora Ton qua T Te o 0 business/F[n the State of orida ,rs erg BY : : 'jseoil .. ;. j --- -- T PEN M. PRIMER enior V}ce President I (Seat) STATE OF NEW YORK COUNTY OF betare °" ouk.r duly aaolified to take BUSINESS CREDIT I HEREBY CERTIFY that an this day me. STEPHEN M. FRIEDBERG, Senior Vice President of FIDELCOR Florida,mehot imeam.Mn^ 1j CORPORATION a New York corporation qualifiedu the go ng " dh ack^° ,dg`a b decor to n. known to be the person on w e N he _: ,ed the some. County and 51a1e last olornoi tday o� A11�U5 WITNESS my hood old oniccol seoi in the G-�)C T9 90. � ry wblic My commnuon e,pires: ' NBlQyultY I 0t Ngpw�Ywt Tup RBI O GMtW11�011 111 !I Page 2 -1 - --------- ect" Typed Name & Title Phone No. Date P -umorizecl Signature _ ib S- -YJ 7 �_ �--Z-i -t�8 Typed Name &Title Phone No. • Date M cvEtn� /0 7 O cello C'i� a�p,�ttc�o� /S,CZ7-11 �o%�+j�t-637433/S�Ly-o8 Typed Name & Title Phone No. —�—� Date - ------ •-`•• LJti LC completo pllcation f' AJe /5 �f- To: Lane Gamiotea, City Clerk a j From: Oscar Bermudez, Engineer qw Date: June 16, 2008 Re: Alley - Closing application from Nemec, LLC, by Tom Conely Attorney. We keep are ignoring the critical drainage problems on City of Okeechobee, for that reason the Engineering Office will recommend not approving the request for the Alley Closing unless the developer offers some form of mitigation in return. L 7 7 r 7 CAD 11 Ln 7•.8 s 1 � 7 s s tt t 7 e s 11 1718191jifl 24 Z z NW 3RD ST 0 F 3 2 t 4 2 5 3 2 1. 6 5 4 3 2 1 _ 6 5 4 3,2 1 6 5 4 3 2 1. 6 5 4 3 21 11 11 6 7 11 5 8 171 1 111 78.9 111 44-10 R819T 7891 116 111[i g NW 2ND .ST 70 00o���ao�nonoaxa► �ma aoe:me eee�e�. a RaN naw JUI4-7U-CUUOkMUN) IU:C] U TY OT UKeecnooee trHA)bbJ fbj �"" .1 DMIBIT 2 AUGUST 5, 2OW 55 Soufheas1 V Avenue ail' okeochobee. Florida 34974 * 863- 763-3372 Complete entire application with all applicable attachments and return to the Office of the City Clerk. The City Departments will be contacted to sign "off on -the application. The application is then forwarded to the City Council. You will be notified of the meeting date. Please note this. application will cover both a City street and sidewalk. There is a separate application should you request the sidewalk only. TEMPORARY STREET AND SIDEWALK CLOSING Namo of Applicant Ap I 10 Today's Date Address 55 StILMAN2911TEAV Phone(s) Name of Property Owner, �b Address Phones) Street to be Closed Sw znd Ave S.W. V10 Aye S. W. 4f1% Ave S.W- S" Ay&- DatestobeClosed OU 4 st' .1 SEPT. Time(s) to be Closed ':oo .m To 4.30 m Purpose of Closing "+giA" Wale *VbVgh p2ra % bbstae Vs empis Original Signatures of all residents, property owners and business owners affected by street closing stating whether they approve or object. This can be done on one list. Make sure If it is a business that the name of the business and owner is legible. If it is a resident make sure the name and address is legible. (Required of all applications) Copy of proof of Insurance. (Minimum $1,000,000.00, required of all applications) Attachments If any items are being sold on City street or sidewalk -then a Temporary Use Permit must be attached for each business participating. Permits can be obtained from General Services. State Food Service License if selling food. State Alcoholic Beverage License. (You can only serve on private property. No alcoholic beverages on City property, this includes streets and sidewalks) aarCiean-up is required within 24 hours. ow -No alcoholic beverages can be consumed or taken out on City property, streets or sidewalks. No . donations can be requested if any type of alcoholic beverages are served on private property/business unless you possess a State Alcoholic Beverage License. Please note there are inside consumption and outside consumption licenses. You must have the appropriate license. a�'The City Public Works Department will deliver the appropriate barricades. The City Police Department will set them out and take them down at the appropriate tunes. mwDurnpsters and port -a -lets are required when closing the street for more -than 3 hours- 'PUBLIC WORKS DEPARTMENT Authorized. Signature Signature orized Signature zo.� t Q \yj(j (- Authorized Signature %Donnie Robertson. Public Works Director Date Typed Name & Title.. Typed Name & Title Typed Name & Title Brian Whitehall, City ,Administrator Date i yped Name & Title 7 �-'� ? Lane Gamiotea, Cily Clerk Date Typed Name & Title APPROVED/DENIED BY COUNCIL ON: Revised 8/05/03 21k 2, �sls�T�I Ir- 7 FIT 11 12 LO to 8 itt 78910 3 9 Z tell it ��t� e�em eme� mn Ae n ee Boa aeu ANvNINE m lmemmi mom, 111If�iil=I gym'� I � I �%§ m I � 09�1 0�mm SW 2ND ST (70') I 1 1 • •�-^ moo\ V J ►. ., P 1aR� 6 8 4 3 2 1 Ui 7 8 1711 1?� j A - l\ 4 EXHIBIT 3 AUGUST 5, 2008 July 29, 2008 Dear Mayor and Council: The First Baptist Church of Okeechobee has created a "New Building Committee" (NBC) to work with architects and civil engineers in order to move forward with creating and then build a new sanctuary and classrooms. In order to meet all city codes we will need to apply to close several streets and alleys. Attached is a copy of the site plan to show how the properties can be contiguous once the streets and alleys are closed. Please note that the East to West Alley in Block 188 is indicated to be closed. However, that has been withdrawn from the application as the adjoining property owner would not give their consent. The other property owner involved, the Church of Jesus Christ of Latter -Day Saints, has signed their consent to closing the portion of Southwest 5th Street between 3' and 4th Avenues, this is an unimproved grass street at this time. Easements are being requested from the utility companies, and we understand will be addressed in the ordinance. At a later date, as the church moves forward with construction, we will be working with each individual utility company in meeting their individual requirements to relocate the utilities as required. The church submitted traffic counts for Southwest 4th Street, as requested by City Staff. The documented count was completed on Monday, July 28 from 7 a.m. to 6 p.m. and noted that out of 112 cars that used 4th Street, 60 went to the ROC. Thank you in advance for your consideration of this application. Lane Gamiotea NBC Committee Member a' 78 PA -SP - 17 n r aUiFlELD - LITTLE LEAGUE � BASEBALL FIELD/ - - - SOFTBALL FIELD. I i AS r j Ei I r� I i SEAT WORSHIP CENTER AL1STND 2ND FLODRt�F12 2 NSF CLASSROOM SPACE GROUND LEVEL 2 CLASSROOMS AT 520 NSF TOTAL 1040 NSF — —. GROUND LEVEL 2 CLASSROOMS AT 556 NSF. 1 TODDLER / BED BABIES AT 277 NET 4 CLASSROOMS AT SECOND LEVEL AT 1341 NSF TOTAL TOTAL 2,730 NSF CLASSROOM SPACE — 2 CLASSROOM AT GROUND LEVEL AT 556 NSF 4 CLASSROOMS AT SECOND LEVEL AT 1300 NSF TOTAL TOTAL 2,412 NSF CLASSROOM SPACE_ Nuth THE ROCK GROUND LEVEL 4,556 NSF OF CLASSROOM SPACE i ADMIN GROUND LEVEL 3,857 GSFI EXIST OFF/ E w i SECOND LEVEL 2,602 NSF. Z Uj a V u PL YGRND 71 169 PARKING SPACES i r i i r —POTENTIAL MAX. BUILDING COVERAGE AREA 5,414 SF. --EXISTING PRESCHOOL TOTAL 5,497 NSF. Construction Phase 2 Master Site Plan - - SCALE, 1 INCH = 50 FEET First Baptist Church of Okeechobee • Okeechobee, Florida Schwab, Twitty & Hanser Architectural Group, Inc. ❑ ❑ 11 11 ❑ ❑ 11 ❑ 0 0 0 0 ❑ 0 11 11 ❑ 0 11 ❑ ❑ ❑ ❑ ❑ ❑ Okeechobee County Property Appraiser - Map Printed on 10/4/2007 4:39:02 PM Page 1 of 1 S-W 2 NQ STREET_ -F] L�L�J L I F9L S-W-3 RQ STREET _ 180► ppt C eX 182 L ROC Daycare i--I� S-W-4 TH EET Uj M ❑ I I I Church = 186 _� W z 187 z w z �� a ❑ 188 WLU ti S-W-5 TH- STREET ,o -. �, z saouaplsa� 3! N � ` School Mormon "F] Parking 194 Church S-W_6 TH STREET Central Elementary _ Freshman Campus j F ``- S_W.7 TH STREE fr SUBJECT STREET AND ALLEYWAYS SURROUNDING CLOSED STREETS AND ALLEYS f,ROP1F.-RTY OWNED BY FVC CITY OF OKEECHOBEE STREET OR ALLEY CLOSING APPLICATION Please type or print: 'i4PP1�1(A1N�. First Baptist Church of Okeechobee 401 Southwest 4" Street ,k' Okeechobee, FL 34974 763-2171 See attached letters �MAI1 1 A©IESS ' rF if4 ore thart �f rh`ed above If. pv stating thet z (1) SW 5h Street between SW 3" d 4 h Avenues (2) SW 4"' Avenue between SW 4* 5 Streets (3) SW 4* Street between SW 5h d 6th Avenues (4) East to West A//ey in Block 186 City of Okeechobee 0tv of Okeechobee. ` (I) 5h St, 4,h Ave d Block 186 alley need to be closed to join Blocks 186, 187 and 194 for future construction of a sanctuary, educational buildings 4 offices (2) 4* St d Block 188 alley need to be closed to join Blocks 180 4 188 for future rowth and additional Parkina. SIGNATURE OF PPLICANT: Emory Wal I r, Registered Agent The foregoing instrument was acknowledged before me this 3/ -;2e' 2 by (date) Emory Walker, who is personally known to me or who produced (applicant) and who did (did not) take oath. as identification 1�y4el Notary Public, Commission No. NOTARYPUBikg'1A1 8: FLORIDA Phyliss Gayle Hodges nrmssion # jjD532632--(Name of Notary typed, printed or stamped) My Comm. Expires: 05/15/2010 ALLEY AND STREET CLOSING CONSENT LETTER -a544 Date: March N , 2008 To: The City of Okeechobee, Office of the City Clerk Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter -Day Saints, owns the following property: Lots 1 to 12 of Block 195, city of Okeechobee Subdivision as recorded in OR Book 202, Page 407, and does hereby consent or agree To the closing of the streets described below: That portion of Southwest 5th Street between Southwest 3rd and 4th Avenue and lyinu between Block 186 and 194, city of Okeechobee Subdivision. Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-day Saints, a Utah Corati� Sole (Property Owner) By: L/ Au orized A ent Print Name of Authorized Agent: 7acmt J. Rij STATE OF UTAH : ss COUNTY OF SALT LAKE On this day of" t personally appeared before me /&a, , personally known to be an Authorized Agent of CORPORATION OF THE BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, a Utah corporation sole, who acknowledged before me that he signed the fore -going instrument as Authorized for CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS HRIST OF LATTER-DAY SAINTS, a Utah corporation sole, and that the seal impressed on the within instrument is the seal of said Corporation; and that said instrument is the free and voluntary act of said Corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument on behalf of said Corporation and that said Corporation executed the same. lip FLORA D. WRIGHT NOTARY PUBLIC - STATE OF UTAH Notary Public 50 E. NORTH TEMPLE STREET SALT LAID: CITY. UT 84150 My Comm. Exp. 10/10/2009 MAR-eO-eUU6k IMU) 1�):IU LILY or UKeeCnOoee Page 2 `klifa Typed Name & Title Phone No. D to fa^. a� �� S` ■■■I !�yrR erg.'" `. iE� �S�i��.�� OF :d Signature rig 3 d.tt� Ziti �.VJ d Ped Name & Title At/, -04 /yrt. Phone No. Date n keschobse & First Addfion to City of Okeechobee Subdivisions: - coos t e 7 > f- c /� �'; C'�/d .crTf� Cho -itw�t 86� 7`� 3/S''� �G-i`-/•T o f Typed Name & Tide Phone No. Date First Baptist Church of Okeechobee WATER CONFLICTS SW 4th Street between SW 5th Avenue & SW 66 Avenue Existing 2-inch water main located within existing R/W, currently serves residence Back Alley Block 188 Existing 2-inch water main located within existing alley, currently serves residence SW 4th Avenue between SW 4th Street & SW 5th Street Existing 2-inch water main located within existing R/W, should stay in service if possible Back Alley Block 186 Clear SW 5th Street between SW 4th Avenue & SW 3rd Avenue Meter at NW corner of Block 195 WASTEWATER CONFLICTS SW 46 Street between SW 5th Avenue & SW 6th Avenue Nothing existing, however this would be the logical route to serve area to west if sewer required in the future Back Alley Block 188 Existing lateral located within existing alley, currently serves several residences SW 4th Avenue between SW 4th Street & SW 5th Street Clear Back Alley Block 186 Clear SW 5' Street between SW 4th Avenue & SW 3rd Avenue Clear P( q Page 3 Robertson, Public Works % 12q- o€ Date --- ----- - . -- ., ........... . Lim 1 C Bermudez, City Engineer Dat -7, d-8 (D� Traffic Count for SW 5th Avenue & SW 4th Street Church Traffic IThrough Traffic 7:00-7:30 7:30-8:00 8:00-8:30 8:30-9:00 9:00-9:30 1 9:30-10:00 o? 10:00-10:30 10:30-11:00 11: 00-11:30 11:30-12-.00 12:00-12-.30 J` 12:30-1:00 1:00-1-.30 1:30-2:00 2:00-2:30 2:30-3-.00 I i i 5 3:00-330 3-.30-4:00 4:00-4:30 4:30-5:00 5:00-5:30 �Z'f t 5:30-6:00 Memorandum To: Lane Gamiotea, City Clerk From: Oscar Bermudez, Engineer Date: October 09, 2007 - Re: Alley — and City Streets closing application for the First Baptist Church of Okeechobee Besides all the issues concerning severe drainage problems in City of Okeechobee, I the City Engineer can not understand the senseless request made from the First Baptist Church to obtain some of busies and more needed streets of our City. More than two years ago, I disapproved similar petition when the same Church requested that the City to abandon an existing and functional street. At that time they obtained their goal, but this time I consider their petition simply selfish and goes against City Residents. It is the Engineering Department's opinion and my personal comment that the City of Okeechobee Council shall not approve to abandon either City Alley or the City functional Streets. AUG 5'" AGENDA - EXHIBIT NO. MEMORANDUM To: Mayor Kirk and Council Members From: Lane Gamiotea, CIVIC, City Clerk Y/1 Subject: Removal from Citizen Board/Code Enforcement Board Date: July 29, 2008 Attached you'll find the minutes from the Code Enforcement Board meeting recommending that Andrea Nelson be removed from the Code Enforcement Board due to extensive unexcused absences per F.S. 162.05(3)(e) and also a copy of the statute for your review. Should you have any questions, or require additional information, please do not hesitate to contact me. JULY 8, 2008 - CEB REGULAR MEETING - PAGE 4 OF 4 VII. REQUEST TO REMOVE ANDREA NELSON FROM CODE BOARD DUE TO EXTENSIVE UNEXCUSED ABSENCES AS PER FLORIDA STATUTE 162.05(3)(e) ADJOURNMENT - CHAIRPERSON GAMIOTEA. Jamie Gamiotea, Chairperson ATTEST: Sue Christopher, Secretary PLEASE TAKE NOTICE AND BE ADVISED that when a person decides to appeal any decision made by the Code Enforcement Board with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. Code Enforcement Board media is for the sole purpose of backup for official records of the fire department. Chairperson Gamiotea read FL Statute 162,05(3)(e) as follows: "If any member fails to attend two of three successive meetings without cause and without prior approval of the chair, the enforcement board shall declare the member's office vacant, and the local governing body shall promptly fill such vacancy." Chairperson Gamiotea also informed the board Ms. Nelson's absence was due to the illness and death of her sister in New York. The board seemed somewhat hesitant to take action. However, Attorney Cook advised the Board according to FL Statues the only options were to either postpone the matter until the next meeting or to take action declaring the position vacant and request City Council fill the position. Member Montesi moved based on FL Statute 162,05(3)(e) to declare the position vacant and request City Council fill the position; seconded by Member Hancock. VOTE GAMIOTEA - YES IRBY- ABSENT HANCOCK - YES MONTESI - YES NELSON - ABSENT REVELS - YES SWEDA - ABSENT HUCKABEE - YES MCCREARY - YES MOTION CARRIED. THERE BEING NO FURTHER ITEMS ON THE AGENDA, CHAIRPERSON GAMIOTEA ADJOURNED THE MEETING AT 7,46 P.M. tes & Constitution: View Statutes :->2UU2->UhU 161->Section UJ : Unlme Nunshme rage L of L Thereafter, any appointment shall be made for a term of 3 years. (c) The local governing body of a county or a municipality that has a population of less than 5,000 persons may reduce a seven -member code enforcement board to five members upon the simultaneous expiration of the terms of office of two members of the board. (d) A member may be reappointed upon approval of the local governing body. (e) An appointment to fill any vacancy on an enforcement board shall be for the remainder of the unexpired term of office. If any member fails to attend two of three successive meetings without cause and without prior approval of the chair, the enforcement board shall declare the member's office vacant, and the local governing body shall promptly fill such vacancy. (f) The members shall serve in accordance with ordinances of the local governing body and may be suspended and removed for cause as provided in such ordinances for removal of members of boards. (4) The members of an enforcement board shalt elect a chair, who shall be a voting member, from among the members of the board. The presence of four or more members shall constitute a quorum of any seven -member enforcement board, and the presence of three or more members shalt constitute a quorum of any five -member enforcement board. Members shall serve without compensation, but may be reimbursed for such travel, mileage, and per diem expenses as may be authorized by the local governing body or as are otherwise provided by law. (5) The local governing body attorney shall either be counsel to an enforcement board or shalt represent the municipality or county by presenting cases before the enforcement board, but in no case shall the local governing body attorney serve in both capacities. History.--s. 1, ch. 80-300; s. 5, ch. 82-37; s. 4, ch. 86-201; s. 2, ch. 87-129; s. 4, ch. 89-268; s. 1, ch. 94-291; s. 1441, ch. 95-147. Note. --Former s. 166.055. Copyright © 1995-2005 The Florida Legislature • Pdyuy 5tatemet • CMtact Us http://www.leg.state.fl.us/Statutes/index.cfin?App_xnode=Display_Statute&Search String=... 7/5/2005 CODE ENFORCEMENT BOARD ATTANDANCE RECORD "2008" Board Member Absences Chairperson Gamiotea 3/11, Vice Chairperson Irby 2/12, 4/8, 6/10* Member Montesi 1/8*, Member Nelson 1/8*, 2/12*, 3/11, 4/8*, 5/13*, 6/10* Member Sweda 2/12, 4/8 Member Revels Member Hancock 2/12, 4/8, 6/10 Alternate Huckabee 5/13, 6/10 Alternate McCreary * Absent without consent CODE ENFORCEMENT BOARD ATTANDANCE RECORD "2007" (Jan - Oct) Board Member Absences Chairman Worley 6/12 Vice -Chairman Gamiotea 4/10, 9/11 Member Castorina 6/12, 9/11 Member Irby 1 /9, 6/ 12, 7/ 10 Member Montesi 3/13, 4/10 (neck surgery), 9/11 Member Nelson 1/9, 3/13, 4/10, 5/8, 10,9 Member Sweda 1/9, 7/10 Alternate Revels 1 /9, 7/ 10 Alternate Hancock 4/10, 7/10 * Absent without consent CODE ENFORCEMENT BOARD ATTANDANCE RECORD " 2006" Board Member Chairman Worley Vice -Chairman Gamiotea Member Irby Member Montesi Member Nelson Member Sweda Member Castorina Alternate Revels Alternate Hancock * No absences without consent Absences 2/14 4/11, 6/13 5/9, 7/11 10/10 1/10, 3/14, 4/11, 5/9, 6/13, 8/8, 9/12, 10/10 1/10, 3/14, 6/13, 7/11, 8/8, 9/12 (Rennae was having some health problems) 5/9, 7/11 4/11, 5/9, 7/11 2/14, 5/9 CODE ENFORCEMENT BOARD ATTANDANCE RECORD "2005" Board Member Chairman Worley Vice -Chairman Gamiotea Member Irby Member Montesi Member Nelson Member Sweda Member Castorina Alternate Revels Alternate Hancock * Absent without consent Absences None 1/11, 7/12, 11/8 2/8 1/11, 3/8, *6/14, 7/12, 12/13 (Marsha was working at night) 2/8, 3/8, 6/14, 7/12, *8/9, 9/13 11/8, 12/13 4/12, 8/9, 12/13 * 1/11, 3/8 2/8, 8/9 6/14 CODE ENFORCEMENT BOARD ATTANDANCE RECORD "2004" Board Member Absences Chairman Worley None Vice -Chairman Gamiotea 4/13, 6/8, 10/12 Member Irby 7/13 Member Montesi 11/9 Member Nelson 3/9, 6/8, 7/13 Member Sweda 3/9, 6/8, 7/13, 11/9 Member Weisser 6/8, 7/13, 11/9 Alternate Castorina None Alternate Revels None CODE ENFORCEMENT BOARD ATTANDANCE RECORD "2003" Board Member Chairman Worley Vice -Chairman Gamiotea Member Irby Member Montesi Member Nelson Member Sweda Member Weisser Alternate Castorina * 'This was the only absence without consent. Absences 2/11/03 8/12/03, 10/14/03 None 4/8/03, 7/8/03,* 9/9/03, 12/9/03 3/11/03, 6/10/03, 7/8/03, 12/9/03 2/11/03, 10/14/03, 12/9/03 1/14/03, 7/8/03, 10/14/03 2/11/03, 10/14/03 AUG 5T11 AGENDA - EXHIBIT NO. MEMORANDUM To: Mayor Kirk and Council Members From: Lane Gamiotea, CIVIC, City Clerk Subject: Appoint an Alternate Member to Code Enforcement Board Date: July 29, 2008 At the present time, there are two alternate members on the Code Enforcement Board. They are: (Pastor) Randy Huckabee (City resident) Lester McCreary (County resident/City business owner) They were both appointed to the board at the same time. Les has attended all three meetings since his appointment and Randy has attended one meeting in July. After speaking with both members, Randy would prefer to stay as an alternate member, Les would be in agreeance to accept the regular member position. A motion would be in order to move an alternate member of your choosing to regular member status with the term being 8/5/08 to 4/30/2010. Should you have any questions, or require additional information, please do not hesitate to contact me. AUG 57'm AGENDA - EXHIBIT NO. �> MEMORANDUM To: Mayor Kirk and Council Members From: Lane Gamiotea, CIVIC, City Clerk Subject: Appoint Alternate Member to Code Enforcement Board Date: July 29, 2008 Attached are the applications we have received for the Code Enforcement Board alternate positions. They are: Osiel Torres (County resident) Ann Marie Wolff (County resident) A motion would be in order to appoint an alternate member from this list; or instruct the Clerk's office to advertise further. Should you have any questions, or require additional information, please do not hesitate to contact me. 2008-04-22 14:17 WC LEDFERD INC 8637631724 >> 863 763 1686 P 1/4 venue * Florida * 349 City of 763-3372 APPLICATION FOR CITY gOARb/COMMITrIEE OPPn1NTM1=NT4 Please print or type all information. The information from this application will be used by the City Council in considering action on yourappointment. The application MUST SLR COMPLETED IN FULL. Answer "none" or "not applicable" where appropriate. CHECK BOARD(S) OF INTEMSTTO YOU (A COPY OF EACH BOARDS DUTIES, MEETING DATES & TIMES ARE ATTACHED)- 0 Planning Board - Board of Adjustment & Appeals - Design Review Board *0 Code Enforcement Board l7 Okeechobee Utility Authority Hoard of Directors O General Employees & OUA Pension Fund Trustee's O Other: APPLICANTS FULL NAME: MR•) OLF F NAME COMMONLY USED: RESIDENCE ADDRESS: HOW LONG AT ADDRESS: ' Years. Is this in the City Limits? OYesA$No MAILING ADDRESS: HOME TELEPHONE: CELL/OTHER TELEPHONE: CURRENT EMPLOYER & OCCUPATION: W l e.dQLrd I Inc BUSINESS ADDRESS: WORK TELEPHONE: FAX NUMSER(S): Lo DATE OF BIRTH: In 1 30 ) 147 Qj ARE YOU A US CITIZEN? Imes ONo, explain: FLORIDA REGISTERED VOTER? OYes County Registered in: IdNo EDUCATION: tL, High School Name & Location: Gxtt Year Graduated: Ctq l POST SECONDARY EDUCATION: NAME & LOCATION: DATES ATTENDED CEHTIFICATElOEf3REEREC'D: MILITARY SERVICE: g� s erIANCK DATE DISCHARGED: ARE YOU CURRENTLY EMPLOYED AS.* (✓ALL THAT APPLY) UQenerat Contractor 11111Busines5 Person OArchltect DEngineer USub-Contractor ORealtor OAttomey ODxtor OSunreyor oLsy Person OUrban Planner OLandacape Architect 2008-04-22 14:17 WC LEDFERD INC 8637631724 >> 863 763 1686 P 2/4 LIST ALL OF YOUR EMPLOYMENT, EXCEPT YOUR CURRENT EMPLOYER, DURING THE LAST 5 YEARS: AME 9 TYPE OF 9USINESS J08 T DATES � �k & • Clw,�K �Pcc ro Iao�� .. q j aooto �-W lutnbt�alm �Acl+ I }�esilok ��9 9 — to iaooa► Ind IoLn swn, FL - HAVE YOU EVER BEEN APPOINTED OR DO YOU CURRENTLY SERVE ONA CITIZEN OR COMMUNITY BOARD FOR ANY OTHER AGENCY OR GOVERNMENT? OYES *0. IF YES, LIST: AGENCY BOARD NAME POSMON DATES STATEYOUR EXPERIENCESAND INTERESTSOR ELEMENTSOFYOUR PERSONAL HISTORYTHAT UALIFYYOU FOR THIS APPOINTMENT. mq ha�me os n-been Oct >�mr a] to arL1'S UJ I �. C►."� i�j ftur*f 1 h ut �bL� p vhe— r-e.+i S w lih hwn m6 ~N'nd In-Iri 9 utn9. ` HAVE YOU RECEIVED ANY DEGREE(S), PROFESSIONAL CERTIFICATIONS) OR DESIGNATION(S) RELATED TO THE SUBJECT MATTER OF THIS APPOINTMENT? OYES 0560. IF YES, LIST: ARE YOU NOW OR HAVE YOU EVER BEEN ELECTED OR APPOINTED TO ANY PUBLIC OFFICE? OYES 40. IF YES, LIST: OFFICE TITLE DATE OF ELECTION TEfiM LEVEL OF QOVERNMENT HAVE YOU EVER BEEN CONVICTED OF A CRIME, PLEAD GUILTY OR NO CONTEST TO A CRIMINAL CHARGE, OR ENTERED INTOAN AGREEMENT SETTING FORTH THETERMS LEADING TO THE REDUCTION OR DISMISSAL OF THE CHARGES? (Exclude traffic violations for which a fine or civil penalty of $150 or less was paid) OYES MVO. IF YES, DESCRIBE: Where convicted: Date of conviction: DO YOU KNOW OF ANY REASON WHY YOU WILL NOT ABE ABLE TO ATTEND FULLY TO THE DUTIES OF THE OFFICE OR POSITION TO WHICH YOU HAVE BEEN OR WILL BE APPOINTED, INCLUDING BUT NOT LIMITED TO COMPLETING AND FILING A FINANCIAL DISCLOSURE FORM ANNUALLY WITH THE STATE? No 200R-04-22 14:17 WC LEDFERD INC 8637631724 >> 863 763 1686 P 3/4 HAVE YOU EVEA BEEN FOUND IN VIOLATION OF FLORIDA STATUTES CHAPTER 112, PART III "CODE OF ETHICS FOR PUBLIC OFFICERS AND EMPLOYEES? DYES tKO IF YES, LIST: SAT = NATURE OF VIOLATION: DISPOSITION THE FOLLOWING INFORMATION IS USED WITHOUT REGARD TO RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN, AGE, DISABILITY OR MARITAL STATUS. HOWEVER, THE FEDERAL AND STATE GOVERNMENTS REQUIRE THE CITY PROVIDE STATISTICS ON THE NUMBER OF WOMEN, MINORITIES, VETERANS AND DISABLED PERSONS THAT ARE APPOINTED TO BOARDS. INFORMATION WILL BE USED FOR STATISTICAL PURPOSES ONLY AND HAVE NO GEARING ON YOUR APPOINTMENT: SEX: CkMALE FEMALE ETHNIC GROUP: 86AUCASIAN OBLACK OSPANISH HERITAGE 13NATIVEAMERICAN OASIAN OR PACIFIC ISLANDER OOTHER(specify): /ALL THAT APPLY: []WARTIME PERIOD VETERAN ODISABLED VETERAN OVIEfNAM VETERAN HANDICAPPED STATUS: DYES 9146. IF YES, WHAT IS THE HANDICAP?: ARE YOU A CURRENT OR FORMER LAW ENFORCEMENT OFFICER. OTHER EMPLOYEE3 OR THE SPOUSE OR CHILD OF ONE, WHO IS EXEMPT FROM PUBLIC RECORDS DISCLOSURE UNDER FLORIDA STATUTE CHAPTER 119.07(3)(k)1? RYES "0. DESCRIBE ANY SKILLS AND BACKGROUND INFORMATION ABOUT YOURSELF THAT WOULD BE HELPFUL TO THE BOARD YOU WISH TO SERVE ON. IF MORE SPACE IS NEEDED, PLEASE ATTACH AN ADDITIONAL PAGE. a of plo( la4 Zb Uiar5 50 Lo--m 1 QrcQ I� 0"'yvn a. f ai 're- In Qh `the bDQrd ►n �'he 01tj V)h L'& 1 YVA 4o D� -4c CY ,t►' 5 wi i �L�bpt��ty i so ), a,b�ak . ill I� �,w�g `-arn cry r1 "r u 2008-04-22 14:17 WC LEDFERD INC 8637631724 >> 863 763 1686 P 41A STATEMENT OF APPLICANT: I certify that the answers are true and complete to the best of my' ' knowledge. I authorize investigation of all statements contained in this application. I hereby release all companies, schools or persons from all liability for any damage for issuing this information. I understand that the City may request a copy of my driver's license. I have the right to request that the City completely and accurately disclose to me the contents of any Investigation or reports upon request to the Office of the City Clerk. CERTIFICATION: I understand that falsification, omission, misleading statements, or misrepresentation Is cause for rejection of this application. I understand that this application is a Public Record and is subject to the provisions of Florida Statutes Chapter 119. i hereby acknowledge that I have read nd underst d each of the above statements.. �y Signature of Applican : Date: CDCity residence is only a requirement for the OUA and Pension Boards. ®The City Code Book Sec. 70-151, 70-171, 70-19170-211 read: "....membership of the board, where possible, shall consist of any of the following: architect, engineer, surveyor, urban planner, landscape architect, general contractor, realtor, business person, and lay persons." 00ther covered jobs Include: correctional and correctional probation officer, firefighters, human resource officers, code enforcement officers, certain judges. assistant state attorneys, state attorneys, assistance and statewide prosecutors, personnel of the department of revenue or local governments whose responsibilities Include revenue collection and enforcement of child support enforcement and certain investigators in the department of children and families [see §119.07(3)(k)1, F.S.j. PLEASE RETURN COMPLETED APPLICATION TO: CITY OF OKEECHOBEE OFFICE OF THE CiTY CLERK 55 SE 3R0 AVENUE OKEECHOBEE, FLORIDA 34974 CLERK OFFICE USE ONLY: BOARD APPOINTED TO CITY COUNCIL MEETING: INITIAL TERM: LETTER SENT: REAPPOINTMENT(S): RESIGNED: CERTIFICATE AWARDED: venue Florida * 34974 APPLICATION FOR CITY BOARD/COMMITTEE APPOINTMENTS Please print or type all information. The information from this application will be used by the City Council in considering action on yourappointment The application MUST BE COMPLETED /N L. Answer "none" or "not applicableu where appropriate. CHECK BOARD(s) OF INTEREST TO YO (A COPY OF EACH BOARDS DEITIES, MEETING'DATES & TIMES ARE ATTACHED): D Planning Board -- Board Code D Okeechob�Utllity ❑ General Employees ❑ Other: Of Adjustment & Appeals -- Enforcement AuthorityBoa Design Review Board guard & OUA Pension Fund Directors Trustee's APPLICANTS FULL NAME: NAME COMMONLY USED: RESIDENCE ADDRESS: HOW LONG AT ADDRESS: MAILING ADDRESS: HOME TELEPHONE: CELUOTHER TELEPHONE: UUHHL=NT EMPLOYER & OCCUPATION: BUSINESS ADDRESS: WORK TELEPHONE: FAX NUMBER(S): DATE OF BIRTH: ARE YOU A US CITIZEN? FLORIDA REGISTERED VOTER? EDUCATION: POST SECONDARY EDUCATION: MILITARY SERVICE: ARE YOU CURRENTLY EMPLOYED AS:' (✓ALL THAT APPLY) CAS i To_PR jF S 31S C— UC 3L Z Years. Is this in the City Limits? Dyes C3g es DNo, explain: es County Registered in:Leo High School Name & Location: 6KeeCjj61- �s,�y S CO O Year Graduated: ZtabZ adi N8ME & LWATM- DATES ATTENDED �� � CERTIFICATEIDEGREE REC-D. z06z— 2oa r ►14 6 'per G+?� �1 U� Zae({ - Zoo(o T3.S, �o,�S-4n��-tla►J N a DATES• BRANCH �\ _DATE DISCHARGED: � vl� General Contractor 0 mess Person OA tect DEngiOBer ub Contractor DAttomey DDoctor IFIRealtor DLay Person ❑Urban Planner __ . ❑Surveyor DLandscape Architect m LIST ALL OF YOUR EMPLOYMENT, EXCEPT YOUR CURRENT EMPLOYER, DURING THE LAST 5 YEARS: NAME & ADDRESS TYPE OF BUSINESS JOB TITLE DATES hr>(ZPLES CotsST?vcTkA TjmkL - f164w-T Z6Oct -2Cy.'� HAVE YOU EVER BEEN APPOINTED OR DO YOU CURRENTLY SERVE ON A CITIZEN OR COMMUNITY BOARD FOR ANY OTHER AG� E C OR GOVERNMENT? 0tN . IF YES, UST: OYES O AGENCY BOARD NAME PosmoN DATES STATE YOUR EXPERIENCES AND INTERESTS OR ELEMENTS OFYOUR PERSONAL HISTORY THAT QUALIFYYOU FOR THIS APPOINTMENT. Cc,, t t,141 Vx.1l ,,`,� d� u � �mn�c 4 c-4z� fL l l C-fOt f au 6 GK d RKeq 1 S e . HAVE YOU RECEIVED ANY DEGREE(S), PROFESSIONAL CERTIFICATIONS) OR DESIGNATION(S) RELATED TO -THEE SUBJECT MATTER OF THIS APPOINTMENT? W4ES ONO. IF YES, UST: ARE YOU NO OR HAVE YOU EVER BEEN ELECTED OR APPOINTED TO ANY PUBLIC OFFICE? OYES IF YES, LIST: OFFICE TITLE DATE OF ELECTION TERM LEVEL OF GOVERNMENT HAVE YOU EVER BEEN CONVICTED OF A CRIME, PLEAD GUILTY OR NO CONTEST TO A CRIMINAL CHARGE, OR ENTERED INTO AN AGREEMENT SETTING FORTH THETERMS LEADING TO THE REDUCTION OR DISMISSAL OF THE CH=0. ? (Exclude traffic violations for which a fine or civil penalty of $150 or less was paid) OYES YES, DESCRIBE Where convicted: Date of conviction: DO YOU KNOW OF ANY REASON WHY YOU WILL NOT ABE ABLE TO ATTEND FULLY TO THE DUTIES OF THE OFFICE OR POSITION TO WHICH YOU HAVE BEEN OR WILL BE APPOINTED, INCLUDING BUT NOT LIMITED TO COMPLETING AND FILING A FINANCIAL DISCLOSURE FORM ANNUALLY WITH THE STATE? / o HA�/EYOU EVER BEEN FOUND IN VIOLATION OF FLORIDA STATUTES CHAPTER 11Z PART III "CODE -[FOR PUBLCC FICERS AND EMPLOYEES OF ETHICS OYES F YES, LIST: DATA NATURE OF VIOLATION: DISPOSMON- mr-UAHU TO RACE, CO D15ABILITY OR MARITAL N, STATUS. HOWEVER, THE FEDERAL ANDS ATE GOVERNMENTS REQUIRE THE CITY PROVIDE EX, NATIONAL ORIGIN, AGE, STATISTICS ON THE NUMBER OF WOMEN, MINORITIES, VETERANS AND DISABLED PERSONS THAT ARE APPOINTED TO BOARDS. INFORMATION WILL BE USED FOR STATISTICAL PURPOSES ONLY AND HAVE NO BEARING ON YOUR APPOINTMENT; SEX: 6kL OFEMALE ETHNIC GROUP: ❑CAUCASIAN OBLACK SPA ❑ASEAN OR PACIFIC ISLANDER NISH pQTEHIE�R HERITAGE GNAT#VE AMERICAN ( ✓ALL THAT APPLY: WARTIME PERIOD VETERAN ❑VIETNAMMVVETERAN CEDiSABLED VETERAN HANDICAPPED STATUS: DYES WO, IF YES, WHAT IS THE HANDICAP?: ARE YOU A CURRENT OR FORMER LAW ENFORCEMENT OFFICER, THE SPOUSE OR CHILD OF ONE, WHO IS EXEMPT FROM PUBLIC RECORDS DISCLOSURE UNEMPLOYEE* FLOR A STATU E CHAPTER 119_07(3)(k)1 ? DYES ;�� DESCRIBEANY SKILLS AND BACKGROUND INFORMATION ABOUT YOURSELF THAT WOULD BE HELPFUL TO THE BOARD YOU WISH TO SERVE ON. IF MORE SPACE IS NEEDED, PLEASE ATTACH AN ADDITIONAL PAGE M dot s T L e S \ e ,Pr VA Vl U 12C9c� i- / K� , C� I (I BC ) Cf 1A (� Jo -TI u� v� t�111LuC 1,. ►Lr a 0 `r G /� r n �� S� �aYs 21- -T _Jcy� 0 j c � o� 6SITS STATEMENT OF APPLICANT: I certify that the answers are true and complete to the best of my' knowledge. I authorize investigation of all statements contained in this application. I hereby release all companies, schools or persons from all liability for any damage for issuing this information. I understand that the City may request a copy of my driver's license. I have the right to request that the City completely and accurately disclose to me the contents of any investigation or reports upon request to the Office of the City Clerk. CERTIFICATION: I understand thatfalsification, omission, misleading statements, or misrepresentation is cause for rejection of this a;Jpo"Crr�adtutes n. I understand that this application is a Public Record and is subject to the provisions of FloChapter 119. I hereby acknowledge that 1 Signature of ®City residence is only a requirement for the OUA and Pension Boards. of the above statements. ,Q Date: Z Z -d ®The City Code Book Sec. 70-151, 70-171, 70-19170-211 read: "....membership of the board, where possible, shall consist of any of the following: architect, engineer, surveyor, urban planner, landscape architect, general contractor, realtor, business person, and lay persons." (Other covered jobs include: correctional and correctional probation officer, firefighters, human resource officers, code enforcement officers, certain judges, assistant state attorneys, state attorneys, assistance and statewide prosecutors, personnel of the department of revenue or local governments whose responsibilities include revenue collection and enforcement of child support enforcement and certain investigators in the department of children and families [see §119.07(3)(k)1, F.S.]. PLEASE RETURN COMPLETED APPLICATION TO: CITY OF OKEECHOBEE OFFICE OF THE CITY CLERK 55 SE 3R° AVENUE OKEECHOBEE, FLORIDA 34974 CLERK OFFICE USE ONLY. BOARD APPOINTED TO CITY COUNCIL MEETING: INITIAL TERM: LETTER SENT: REAPPOINTMENT(S): [RESIGNED: , CERTIFICATE AWARDED: AUG 57" AGENDA - EXHIBIT NO. MEMORANDUM To: Mayor Kirk and Council Members From: Lane Gamiotea, CIVIC, City Clerk a le Subject: Alternate Member to Regular Member Status/Planning Board/Board of Adjustment and Appeals and Design Review Board Date: July 29, 2008 The Clerk's Office has received letters of resignation from Bill Ledferd and Chris Close requesting their removal from this board. This leaves one alternate member to move to regular member status to replace Bill Ledferd's regular member position. A motion would be in order to move Alternate Member Malissa Morgan to Regular Member Status, term being 8/5/08 to 4/30/09. This leaves two alternate positions available for this board. At the present time, we do not have any applicants to fill this position. Should you have any questions, or require additional information, please do not hesitate to contact me. DMIBIT 8 AUGUST 5, 2008 Lori D. Bergeron High Volume Sales August 1, 2008 Mr. Brian Whitehall, Administrator City of Okeechobee 55 S.E. Third Avenue Okeechobee, F1349-74-2932 Re: Donation of Okeechobee Depot -Letter of Intent Dear Brian: 301 West Bay Street Suite 800, S/C J915 Jacksonville, FL 32202 (904)633-4837 Telefax (904) 633-4581 Lori_Bergeron@CSX.com Pursuant to previous conversations concerning the preservation of the old railroad station, the following is a letter of intent to outline the conditions of our agreement: 1. CSX will donate the Okeechobee Depot to the City of Okeechobee via Bill of Sale in "as in" condition to be used as a railroad passenger station along with the right to add a coffee shop or something similar and consistent with the Building's use as a passenger station to accommodate passengers while waiting for the train. 2. CSX will secure and keep ownership of the Okeechobee Depot until the City of Okeechobee and National Railroad Passenger Corporation (Amtrak) enter into a lease agreement. During the time in which the City and Amtrak are negotiating the said lease agreement, CSX will not be obligated to maintain the Depot. Once said agreement has been executed by both parties, CSX will execute the Bill of Sale and release the Depot to the City of Okeechobee. All utility services have been disconnected to the building and will be the responsibility of the City after taking ownership. During the time period of negotiating the lease agreement with Amtrak, the City of Okeechobee will actively seek ways to secure grant money for the renovation of the depot. CSX reserves the right to withdraw its offer to donate the depot if the City of Okeechobee and Amtrak do not reach agreement in terms of a signed lease agreement within nine (9) months from the date the letter of intent is executed. 3. CSX will provide a short term license agreement for the land beneath the depot and to provide access to the Depot along with providing short term parking. 4. The railroad passenger station will be renovated and in use within nine (9) months of transfer. CSX recognizes that this is a challenging timeframe and may extend this timeframe if substantial progress is made by the City in this regard. 5. A fence approved by CSX must be installed along CSX's operating right of way to prevent the public from entering near the railroad tracks. If Amtrak operates in the building they must have a lockable gate located on their passenger platform to prevent anyone from entering onto the tracks outside of Amtrak service hours. 6. If Amtrak discontinues service at this location, the City of Okeechobee has an obligation to either relocate the building from CSX property or demolish it within ninety (90) days of discontinued service. Immediately upon discontinued service, the City of Okeechobee will secure the building by locking and C:1Documents and SettingslBrian WhitehalN_ocal Set6ngslTemporary Intemet EHeslContent1E516NGV87CMETTER OF INTENT-0tEECHOBEE.doc boarding up the back of the building. Should Amtrak discontinue service, CSX will consider extending the deadline to allow the City to reestablish passenger service with Amtrak. Please have the duplicate copies of this letter executed by the appropriate official in the space provided below and return them to my attention in order to expedite the closing of the transaction. We appreciate your cooperation. Sincerely, Lori D. Bergeron ACKNOWLEDGED AND ACCEPTED this day of , 2 THE CITY OF OKEECHOBEE Its: ACKNOWLEDGED AND ACCEPTED This day of 52 CSX TRANSPORTATION, INC. Its: C-Mmments and Settings'Brian WhitehalLml SettingsVemporary Internet Fi1es\Content1E51BNGV87CPU=ER OF INTENT-OKEECHOBEE.doc